Section 0940-01-06-.04 - DEFINITIONS(1) "Developmental disability" means a condition based on having either a severe chronic disability or mental retardation as defined in T.C.A § 33-1-101.(2) "Examiner" means: (a) For a service recipient with mental illness or serious emotional disturbance, a physician or "qualified mental health professional", or(b) For a service recipient with mental retardation or mental impairment related to a developmental disability:(1) a licensed dentist for routine dental treatment;(2) a licensed physician for routine medical or mental health treatment;(3) a licensed psychologist with health service provider designation, for routine mental health treatment.(3) "Lacks capacity" means that the person is:(a) Unable to understand a proposed procedure or treatment; or(b) Unable to understand the risks and benefits of such procedure or treatment; or(c) Unable to understand the risks and benefits of an available alternative to the procedure or treatment.(4) "Licensed physician" means a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M.D.) who is duly licensed in the state, or an osteopathic physician who is a graduate of a recognized osteopathic college authorized to confer the degree of doctor of osteopathy (D.O.) and who is licensed to practice osteopathic medicine in the state.(5) "Mental illness" as defined in T.C.A § 33-1-101(16), means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include mental retardation or other developmental disabilities.(6) "Mental retardation" as defined in T.C.A § 33-1-101(17), means substantial limitations in functioning: (a) As shown by significantly sub-average intellectual functioning that exists concurrently with related limitations in two (2) or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work; and(b) That are manifested before age eighteen.(7) "Qualified mental health professional" means a person who is licensed in the state, if required for the profession, and who is a psychiatrist; physician with expertise in psychiatry as determined by training , education, or experience; psychologist with health service provider designation; psychological examiner, or senior psychological examiner; social worker who is certified with two (2) years of mental health experience or licensed; marital and family therapist; nurse who has a master's degree in nursing who functions as a psychiatric nurse; professional counselor; or if the person is providing service to service recipients who are children, any of the above educational credentials plus mental health experience with children.(8) "Routine medical, dental, or mental health treatment" means commonplace, everyday medical, dental or mental health treatment but does not include psychosurgery, convulsive therapy, and elective surgery.(9) "Serious emotional disturbance" means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment which substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology.(10) "Severe, chronic disability" in a person over five (5) years of age means a condition that: (a) Is attributable to a mental or physical impairment or combination of mental and physical impairments;(b) Is manifested before age twenty-two (22);(c) Is likely to continue indefinitely;(d) Results in substantial functional limitations in three or more of the following major life activities:2. Receptive and expressive language;6. Capacity for independent living; and7. Economic self-sufficiency; and(e) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is likely to continue indefinitely and to need to be individually planned and coordinated.(11) "Severe, chronic disability" in a person up to five (5) years of age means a condition of substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disability as defined for persons over five (5) years of age if services and supports are not provided.Tenn. Comp. R. & Regs. 0940-01-06-.04
Original rule filed December 29, 2005; effective March 14, 2006.Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-101, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-3-217, and 33-3-218.