Section 0465-02-06-.08 - MODIFICATION OR LIMITATION OF PERSON SUPPORTED RIGHTS(1) The rights of a person supported may only be modified or limited under the following conditions: (a) It is demonstrated and documented that such modification or limitation is necessary to achieve a legitimate goal in the ISP of the person supported;(b) No modification or limitation may be made solely for the convenience of staff or be more stringent than is necessary;(c) The person supported or his/her legal representative (conservator, parent, guardian, or legal custodian), as appropriate, must be fully informed of the proposed limitation or modification and must be given an opportunity to object, propose alternatives, and consult with family, friends, and/or advocacy agencies prior to implementation of the modifications or limitations; and(d) Any modifications or limitations must be documented in the ISP of the person supported in accordance with the following requirements: 1. Identify a specific and individualized assessed need;2. Document the positive interventions and supports used prior to any modifications to the person-centered service plan;3. Document less intrusive methods of meeting the need that have been tried but did not work;4. Include a clear description of the condition that is directly proportionate to the specific assessed need;5. Include regular collection and review of data to measure the ongoing effectiveness of the modification;6. Include established time limits for periodic reviews to determine if the modification is still necessary or can be terminated;7. Include the informed consent of the person supported; and8. Include an assurance that interventions and supports will cause no harm to the person supported.Tenn. Comp. R. & Regs. 0465-02-06-.08
New rules filed July 6, 2016; effective 10/4/2016.Authority: T.C.A. §§ 4-4-103, 4-5-202, 33-1-201, 33-1-302, 33-1-303, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, 33-2-407.