2010 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Chapter 11 - Health Facilities and Resources
Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes
68-11-902 - Nursing home residents and patients Abridging, restricting, limiting or amending minimum rights.

68-11-902. Nursing home residents and patients Abridging, restricting, limiting or amending minimum rights.

(a)  The rights set forth in § 68-11-901 may be abridged, restricted, limited or amended only as follows:

     (1)  When medically contraindicated; or

     (2)  When necessary to protect and preserve the rights and safety of the other residents in the facility.

(b)  (1)  Any reduction in resident's rights based upon medical consideration or the rights of other residents must be explicit, reasonable, appropriate to the justification, and the least restrictive response feasible.

     (2)  Reductions in rights may be time-limited, shall be explained to the resident, and must be documented in the individual resident's record by reciting the limitation's reason and scope.

     (3)  Medical contraindications shall be supported by a physician's order.

     (4)  At least once each month, the administrator and the director of nursing shall review the restriction's justification and scope before removing it, amending it or renewing it.

     (5)  The names of any residents in the facility whose rights have been restricted under the provisions of this subsection (b) shall be maintained on a separate list, which shall be available for inspection by the department and by the area long-term ombudsman.

[Acts 1987, ch. 312, § 4.]