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

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Terms Used In Tennessee Code 68-11-902

  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
(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 health facilities commission and by the area long-term ombudsman.
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