(a) The department may grant a provisional license for up to one (1) year to a service or facility if:

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Terms Used In Tennessee Code 33-2-415

  • Department: means the department of mental health and substance abuse services. See Tennessee Code 33-2-402
  • Facility: means a treatment resource, rehabilitation center, hospital, community mental health center, counseling center, clinic, group home, halfway house or any other entity that provides a mental health, service or an alcohol and drug abuse prevention and/or treatment facility. See Tennessee Code 33-2-402
  • Service: includes any activity to prevent, treat, or ameliorate mental illness, serious emotional disturbance or alcohol or drug use 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 and serious emotional disturbances. See Tennessee Code 33-2-402
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) The service or facility is making a diligent effort to comply with standards adopted under this part;
(2) The continued operation of the service or facility will not endanger the health or safety of its service recipients;
(3) The continued operation of the service or facility is necessary because care is not otherwise reasonably available for its service recipients;
(4) The service or facility has submitted an acceptable compliance plan specifying how and when deficiencies will be corrected; and
(5) The service or facility has substantially met the commitments made in the preceding year’s compliance plan, if any.
(b) Failure to meet the commitments made in the compliance plan is a ground for revocation or suspension of the license.
(c) Copies of provisional licenses and compliance plans shall be maintained in a central location and are open to public inspection.
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