Section 0940-01-02-.06 - PROCEDURES FOR ADMINISTRATION OF MEDICATION UNDER RULE 0940-1- 1-08 TO PATIENTS WHO DO NOT LACK CAPACITY AND WHO REFUSE MEDICATION(1) If a patient who does not lack capacity refuses to consent to administration of medication other than emergency medication under rule 0940-1-1-.05, the Treatment Team shall inform the patient of the Treatment Team process and of the patient's right to discuss the case with the members of the Team and to participate in the Team meeting. The patient's participation shall be encouraged but is not mandatory.(2) The patient may request the PRA or another hospital staff member to assist or to speak on the patient's behalf in all meetings under this rule.(3) Staff members may continue non-coercive efforts to persuade the refusing patient to take the prescribed and proffered medication throughout the procedures under this rule.(4) The Treatment Team shall discuss the physician's recommendations and the patient's response.(5) The Team shall attempt to formulate a plan that is acceptable to the patient, e.g., reduced dosage, alternate medication, alternative treatment if any is available, or a possible trial period of medication, the physician shall document the recommendation of the Treatment Team and the physician's decision in the patient's chart.(6) If after the Treatment Team meeting, the treating physician believes that medication is a necessary part of the patient's treatment plan and the patient still refuses the medication, a TRC shall be convened. When the patient, the PRA, or the physician requests review, the TRC shall interview the patient within 5 working days, review the patient's chart, and make recommendations to the Medical Director who will consider all the information provided during the review process before making the final decision regarding medication. The TRC shall prepare documentation of its recommendation and the Medical Director's final decision and provide copies to: (a) the patient's clinical chart,(b) the Medial Director, and(c) the Patient Rights Advisor. The TRC shall conduct a personal interview with the patient unless the patient refuses to participate and shall review the patient's chart.
(7) The PRA shall see the patient at least every thirty days and shall request review by the TRC as appropriate.Tenn. Comp. R. & Regs. 0940-01-02-.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.