2018 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Health
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.

Universal Citation:
TN Code § 68-11-902 (2018)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • (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 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.

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