Tennessee § 33-2-402 - Part definitions.

§ 33-2-402. Part definitions.

As used in this part, unless the context otherwise requires: “Abuse” means the knowing infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish; “Alcohol and drug prevention and/or treatment facility” means an institution, treatment resource, group residence (boarding home, sheltered workshop, activity center), rehabilitation center, hospital, community mental health center, nonresidential office-based opiate treatment facility, nonresidential substitution-based treatment center for opiate addiction, DUI school, counseling center, clinic, halfway house, or other entity, by these or other names, providing alcohol and drug services; provided, that a DUI school operated by a state institution of higher education shall not be considered an alcohol and drug treatment facility for purposes of this chapter; provided, further, that “alcohol and drug prevention and treatment facility” does not include any facility otherwise licensed by the department or the department of health or approved by the department of education; “Alcohol and drug services” includes evaluation, treatment, residential personal care, habilitation, rehabilitation, counseling or supervision of persons who abuse or are dependent upon alcohol or drugs, or services to persons designed to prevent alcohol or drug abuse or dependence that either receive funds from the department of health or assess fees for services provided; provided, that a DUI school operated by a state institution of higher education shall not be considered alcohol and drug services for purposes of this part; “Commissioner” means the commissioner of mental health and substance abuse services, or, when applicable, the commissioner of intellectual and developmental disabilities, the commissioner's authorized representative, or in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of mental health and substance abuse services, or, when applicable, the deputy commissioner of intellectual and developmental disabilities; “Consumer direction” means a model of service delivery for certain medicaid home and community-based services in which the person receiving the services, family member, or other representative employs and supervises the individual who provides the services; “Department” means the department of mental health and substance abuse services, or, when applicable, the department of intellectual and developmental disabilities; “Facility” means a developmental center, treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, hospital, community mental health center, counseling center, clinic, group home, halfway house or any other entity that provides a mental health, intellectual or developmental disability service or an alcohol and drug abuse prevention and/or treatment facility; “Licensee” means a proprietorship, a partnership, an association, a governmental agency, or corporation, that operates a facility or a service and has obtained a license under this part; “Misappropriation of property” means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of belongings or money without consent; “Neglect” means failure to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness, which results in injury or probable risk of serious harm; “Nonresidential office-based opiate treatment facility” includes, but is not limited to, stand-alone clinics, treatment resources, individual physical locations occupied as the professional practice of a prescriber or prescribers licensed pursuant to title 63, or other entities prescribing products containing buprenorphine, or products containing any other controlled substance designed to treat opiate addiction by preventing symptoms of withdrawal to twenty-five percent (25%) or more of its patients or to one hundred fifty (150) or more patients; For the purposes of subdivision (11)(A), “physical location” means real property on which is located a physical structure, whether or not that structure is attached to real property, containing one (1) or more units and includes an individual apartment, office, condominium, cooperative unit, mobile or manufactured home, or trailer, if used as a site for prescribing or dispensing products containing buprenorphine, or products containing any other controlled substance designed to treat opiate addiction by preventing symptoms of withdrawal; “Nonresidential office-based opiate treatment facility” does not include any facility that meets the definition of a nonresidential substitution-based treatment center for opiate addiction; “Nonresidential substitution-based treatment center for opiate addiction” or “nonresidential opioid treatment program” includes, but is not limited to, stand-alone clinics offering methadone, products containing buprenorphine such as Subutex and Suboxone, or products containing any other formulation designed to treat opiate addiction by preventing symptoms of withdrawal; “Personal support services” means nursing consultation, education services, and other personal assistance services as defined by rule, which are provided to individuals with substantial limitation in two (2) or more major life activities in either their regular or temporary residences, but does not mean direct nursing services provided in connection with an acute episode of illness or injury; “Reputable and responsible character” means that the applicant or licensee can be trusted with responsibility for persons who are particularly vulnerable to abuse, neglect, and financial or sexual exploitation; and “Service” includes any activity to prevent, treat, or ameliorate mental illness, serious emotional disturbance, alcohol and drug use, intellectual or developmental disabilities, which includes diagnosis, evaluation, residential assistance, training, habilitation, rehabilitation, prevention, treatment, counseling, case coordination, or supervision of persons with mental illness, alcohol and drug abuse issues, serious emotional disturbances, and intellectual or developmental disabilities. Acts 1978, ch. 853, § 2; 1981, ch. 436, § 1; 1983, ch. 323, §§ 25, 26; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; 1987, ch. 248, § 3; 1988, ch. 828, §§ 3, 4; 1988, ch. 875, §§ 1, 2; 1989, ch. 513, §§ 1, 14; 1993, ch. 234, § 22; 1996, ch. 1074, § 1; T.C.A., § 33-2-502 ; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 1; 2003, ch. 103, § 1; 2003, ch. 242, § 2; 2009, ch. 186, §§ 46, 47; 2010, ch. 1100, §§ 24, 34, 35; 2011, ch. 158, § 14; 2012, ch. 575, §§ 1, 2; 2012, ch. 1010, § 3; 2016, ch. 912, §§ 1, 2; 2018, ch. 978, §§ 1, 2; 2019, ch. 89, § 1. Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health (now commissioner of mental health and substance abuse services), the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2016, ch. 912, § 5 provided that the commissioner of mental health and substance abuse services, upon consultation with the commissioner of health, is authorized to promulgate rules to implement this act in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Medication assisted treatment guidelines, developed by nationally recognized addiction treatment organizations, such as the United States department of health and human services' substance abuse and mental health services agency, the United States department of health and human services' national institute on drug abuse, and the American Society of Addiction Medicine, shall serve as a guide to the development of the rules. Acts 2016, ch. 912, § 6 provided that notwithstanding this act or the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, any rule promulgated to implement the provisions of this act shall be provided to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate by the secretary of state, after approval by the attorney general and reporter, at the same time the text of the rule is made available to the government operations committees of the senate and the house of representatives for purposes of conducting the review required by § 4-5-226 in order for the health committee of the house of representatives and the health and welfare committee of the senate to be afforded the opportunity to comment on the rule. Amendments. The 2016 amendment, effective January 1, 2017, inserted “nonresidential office-based opiate treatment facility, nonresidential substitution-based treatment center for opiate addiction,” in the definition of “Alcohol and drug prevention and/or treatment facility”; and added the definitions of “nonresidential office-based opiate treatment facility" and “ ‘nonresidential substitution-based treatment center for opiate addiction’ or ‘nonresidential opioid treatment program’”. The 2018 amendment, in the definition of “‘Nonresidential office-based opiate treatment facility’”, substituted “twenty-five percent (25%) or more of its patients or to one hundred fifty (150) or more patients” for “to fifty percent (50%) or more of its patients and to one hundred fifty (150) or more patients” at the end of (10)(A) and added (10)(C). The 2019 amendment added the definition of “consumer direction”. Effective Dates. Acts 2016, ch. 912, § 7. January 1, 2017; provided that for purposes of rulemaking, the act took effect on April 27, 2016. Acts 2018, ch. 978, § 15. July 1, 2018; provided that for purposes of rulemaking, the act took effect on May 21, 2018. Acts 2019, ch. 89, § 5. April 4, 2019. Cross-References. Definitions applicable throughout title, § 33-1-101 . Peer review committees, confidentiality of information, § 63-11-220 . Regulation of health and related facilities, title 68, ch. 11, part 2. Attorney General Opinions. Regulation of DUI programs at state universities, OAG 88-08, 1988 Tenn. AG LEXIS 15 (1/11/88). Private group homes, medication administration by unlicensed staff members, OAG 88-09, 1988 Tenn. AG LEXIS 11 (1/11/88).