Tenn. Comp. R. & Regs. 0940-03-13-.08

Current through October 22, 2024

Section 0940-03-13-.08 - TRANSPORTATION TO AN RMHI

(1) General Transportation Requirements. Transportation to an RMHI should only commence when the transporting person has been provided with:

(a) A written verification statement from the referral source or designee that that RMHI has been contacted and has verified available suitable accommodations with a confirmation number; and

(b) Evidence that the person in need of treatment meets criteria for referral. Evidence shall be one of the following:

1. A certificate of need for emergency involuntary hospitalization for a service recipient under T.C.A. Title 33, Chapter 6, Part 4;

2. An order from a court with proper jurisdiction under T.C.A. § 33-7-301(a);

3. An order from a court with proper jurisdiction under T.C.A. § 33-7-301(b);

4. An order from a court with proper jurisdiction under T.C.A. § 33-7-303(c);

5. An order from a court with proper jurisdiction under T.C.A. § 37-1-128;

6. An order from a court with proper jurisdiction under T.C.A. Title 33, Chapter 6, Part 5;

7. An order from a court with proper jurisdiction for admission under T.C.A. § 33-3-607;

8. An order from a court with proper jurisdiction for recommitment for failure or inability to comply with a treatment plan under T.C.A. §§ 33-6-610 or 33-6-611;

9. A written statement from a qualified mental health professional that the service recipient meets the conditions for recommitment for failure or inability to comply with a treatment plan under T.C.A. § 33-6-615;

10. A written report from a licensed physician or licensed psychologist designated as a health service provider that a service recipient in a youth development center meets the conditions for admission under T.C.A. §§ 33-3-401 or 33-3-412;

11. A written report from a licensed physician or licensed psychologist designated as a health service provider that a service recipient in an RMHI of the Department of Corrections meets the conditions for admission under T.C.A. §§ 33-3-402 or 33-3-403;

12. A letter from the Commissioner authorizing the transfer of the service recipient from another RMHI or from a state owned or operated developmental center under T.C.A. § 33-3-301;

13. A letter from the Interstate Compact Coordinator of the Department of Mental Health and Developmental Disabilities indicating that the service recipient has been approved for interstate transfer under T.C.A. § 33-9-201; or

14. Approval by the RMHI chief executive officer or designee for the transfer of a service recipient from a private facility under T.C.A. § 33-3-301.

(2) Transportation to an RMHI by a Sheriff or Secondary Transportation Agent for Emergency Involuntary Hospitalization under T.C.A. Title 33, Chapter 6, Part 4.

(a) If the certificate of need and the written statement verifying that the RMHI has available suitable accommodations is not provided, then the sheriff or secondary transportation agent is not required to take custody of the service recipient for transportation.

(b) Failure of the sheriff or secondary transportation agent to provide both a certificate of need and the written statement verifying that the RMHI has available suitable accommodations shall result in all costs of the service recipient's admission and treatment being assessed to the transporting county.

Tenn. Comp. R. & Regs. 0940-03-13-.08

Original rule filed March 31, 2010; effective June 29, 2010.

Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, 33-1-309, 33-2-301 and 33-6-406(a).