Section 0940-01-01-.06 - ADMINISTRATION OF MEDICATION TO PATIENTS OR RESIDENTS WHO LACK CAPACITY TO GIVE OR WITHHOLD CONSENT(1) If a clinical professional determines that the patient or resident lacks capacity, psychotropic medication may be administered to the patient or resident on the certification of the treating physician that such medication is a necessary part of the patient's treatment plan or the resident's individual habilitation plan and there is no reasonable alternative. The certification shall be made by the physician after a personal evaluation of the patient or resident and after consultation with the treatment team or interdisciplinary team. This information shall be documented in the patient's or resident's clinical record. The order is valid for up to 72 hours and may be renewed only one time for up to 72 additional hours. Further medication under this rule requires review by the TRC or by the BMC and HRC.(2) The patient or resident, the PRA or a clinical professional may request a review by the TRC or by the BMC or the HRC. The PRA shall request a review by the TRC if the patient requests that it is done.(3) When a clinical professional determines the patient or resident no longer lacks capacity, the patient's or resident's informed consent shall be obtained before further administration of medication.(4) If a patient or resident continues to lack capacity for thirty days, the Superintendent shall advise the patient's or resident's family and the PRA of the need for a guardian and shall advise the family that the patient or resident is receiving medication under this rule. If the family does not initiate guardianship proceedings, the Superintendent shall proceed under authority of T.C.A. Title 33 to obtain a limited guardian. If neither the family nor the Superintendent initiates a guardianship proceeding within ninety days after medication begins under this rule, such medication shall terminate no later than ninety days after it begins, and the patient or resident may not be medicated again under this rule until a guardian is appointed or the patient or resident no longer lacks capacity. If the family or Superintendent initiates a guardianship proceeding, medication may continue under this rule until adjudication of the guardianship proceeding.Tenn. Comp. R. & Regs. 0940-01-01-.06
(For Administrative History prior to February, 1985, see page 1.001). New rule filed January 9, 1985; effective February 8, 1985.Authority: T.C.A. §§ 33-1-203 through 33-1-205, 33-3-104 and 33-3-105.