Tenn. Comp. R. & Regs. 1240-07-10-.15 - HEALTH AND SAFETY

(1) Each employee and volunteer at a center who has any knowledge of or suspects abuse, neglect, or exploitation of a participant shall immediately report such information directly to Adult Protective Services. The failure to report may be a basis for the summary suspension, revocation or denial of the center's license to operate, or any other appropriate legal enforcement action. The failure to report may also constitute a crime.

(2) The adult day services center shall have written emergency procedures and have a posted plan for evacuation of participants, staff, volunteers, and visitors in case of fire or other emergencies such as storms, flooding, and chemical emergencies.

(a) The center shall practice these emergency procedures as required by law and shall maintain documentation of these drills for one (1) year.

(b) Fire drills shall be practiced and documented at least quarterly; however, evacuations of the participants are not required during each drill.

(c) The center shall develop a written protocol for when a participant fails to exit timely or respond appropriately to the drill. The protocol shall include notification to family/responsible party.

(3) Telephone numbers for the following shall be posted:

(a) Ambulance service;

(b) Police department;

(c) Fire department;

(d) Poison control center;

(e) Local emergency management agency;

(f) The Department of Human Services, Adult Protective Services Central Intake Hotline; and

(g) The Department of Human Services, Child and Adult Care Complaint Hotline.

(4) Smoking and Vaping.

(a) Pursuant to state law, smoking or vaping shall not be permitted anywhere inside the center.

(b) As required by state law, No-Smoking signs shall be posted conspicuously within the facility and at each entrance to the facility.

(c) A designated outside smoking area may be provided for participants or employees who smoke or vape provided smoke or vape fumes do not infiltrate protected areas and the designated smoking areas should not be located close to the main entrance and exit to the center.

(5) Access to the Center.

(a) Upon proper identification, the Department shall have the right to enter and inspect any licensed center, or any facility that is suspected of requiring a license, with or without advance notice for the purpose of conducting its licensing responsibilities.

(b) If access to the facility is denied, the Department may seek an immediate ex parte order from the chancery or circuit court of the county where the facility is located upon a showing of probable cause that the facility is a licensed center, or is suspected of requiring a license, and that the Department has been refused entrance to conduct an inspection. The court may direct any law enforcement officer to aid the Department in executing such order and inspection. Refusal to obey such order may be punishable as civil or criminal contempt of court.

(6) The center shall notify the Department of all serious incidents the same day of the incident by contacting the Child and Adult Care Complaint Hotline. The failure to report may be a basis for the summary suspension, revocation, or denial of the center's license to operate.

(a) Serious incidents include, but are not limited, to the following:

1. Any injury that requires medical treatment beyond on-site first aid;

2. Reports made to Adult Protective Services that are related to an occurrence at the adult day services facility;

3. Any call to law enforcement or 911 related to incidents that are of a serious or life-threatening nature and not related to routine medical calls;

4. Any incident that may result in staff exclusion from adult care per 1240-07-10.09;

5. Transportation accidents and traffic citations (such as a driver cited for speeding) that occur when a participant is on the vehicle;

6. Any participant fatality at the center; and

7. Major incidents regarding medications, including but not limited to the following circumstances: underdosing or overdosing of medications, administering the wrong medications, or any medication incidents that place participants at risk of harm or cause actual harm.

Notes

Tenn. Comp. R. & Regs. 1240-07-10-.15

Original rule filed December 14, 1999; effective 2/27/2000. Repeal and new rule filed February 23, 2018; effective 5/24/2018. Amendments filed October 25, 2022; effective 1/23/2023.

Authority: T.C.A. §§ 4-5-201, et seq.; 4-5-301, et seq.; 4-5-320; and 71-2-401, et seq.