Section 0940-05-38-.10 - SERVICE RECIPIENT RIGHTS(1) The following rights shall be afforded to all individuals receiving personal support services from the licensee:(a) Service recipients have the right to be fully informed before the initiation of services about their rights and responsibilities and about any limitation on these rights imposed by the rules of the licensee. The licensee shall ensure that the service recipient is given oral and/or written rights information that includes at least the following:1. A statement of the specific rights guaranteed the service recipient by these rules and applicable state laws;2. A description of the licensee's grievance procedures;3. A listing of available advocacy services; and4. A copy of all agency rules and regulations pertinent to the service recipient. The information shall be presented in a manner that promoted understanding by the service recipient of his or her rights, and the individual shall be given an opportunity to ask questions about the information. If the service recipient is unable to understand the information at the time of admission to service but later becomes able to do so, the information shall be presented to the service recipient at that time. If the service recipient is likely to continue indefinitely to be unable to understand the information, the licensee shall promptly attempt to provide the required information to a guardian or other appropriate person or an agency responsible for protecting the service recipients' rights.(b) Service recipients have the right to voice grievances to the licensee and to outside representatives of their choice with freedom from restraint, interference, coercion, discrimination, or reprisal;(c) Service recipients have the right to be treated with consideration, respect and full recognition of their dignity, and individuality;(d) Service recipients have the right to be protected by the licensee from neglect, physical, verbal, and emotional abuse (including corporal punishment), and from all forms of misappropriation and/or exploitation; and(e) Service recipients have the right to be assisted by the licensee in the exercise of their civil rights.Tenn. Comp. R. & Regs. 0940-05-38-.10
Original rule filed November 20, 2009; effective February 18, 2010. Repeal and new rules filed March 4, 2016; effective 6/2/2016.Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, and 33-2-407.