(a) A mental health service provider shall maintain written policies and procedures, applicable to all competent adults who receive mental health treatment from the service provider, that provide for:
Person: includes a corporation, firm, company or association. 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
Service recipient: means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Delivering to service recipients the following information and material, in written form, without recommendation:
(A) Information materials provided by the state on the right to make mental health treatment decisions, including the right to accept or refuse mental health treatment and the right to execute declarations for mental health treatment;(B) Information on the policies of the provider with respect to implementation of the right to make mental health treatment decisions;(C) A copy of the declaration for mental health treatment form; and(D) The name of a person who can provide additional information concerning the forms for declarations for mental health treatment;(2) Documenting in a prominent place in the service recipient‘s record whether there is an executed declaration for mental health treatment;(3) Ensuring compliance by the provider with the law relating to declarations for mental health treatment; and(4) Educating the staff and the community on issues relating to declarations for mental health treatment.(b) A provider need not furnish a copy of a declaration for mental health treatment to a service recipient if the provider has reason to believe that the service recipient has received a copy of a declaration in the form set forth in this part within the preceding twelve (12) month period or has a validly executed declaration.(c) The requirements of this section are in addition to any requirements that may be imposed under federal law and shall be interpreted in a manner consistent with federal law. Nothing in this section shall be interpreted to require a mental health service provider or any employee or agent of a mental health service provider to act in a manner inconsistent with federal law or contrary to the provider’s religious or philosophical beliefs.(d) No mental health service provider is subject to criminal prosecution or civil liability for failure to comply with this section.
