Section 33-10-104 - Powers and duties of department - Abuse prevention pilot programs(a) The department, through its commissioner, is vested with all necessary and incidental powers for carrying into effect the purposes and programs set forth in this chapter, including the power to promulgate rules and regulations governing the admission, care and discharge of individuals committed or admitted, or both, for alcohol and drug abuse evaluation or treatment as the commissioner deems necessary or appropriate.(b)(1) It is the duty of the department to formulate and effect a plan for the prevention of alcohol and drug abuse and for the care, treatment and rehabilitation of alcohol and drug dependent persons.(2) In formulating and effecting the plan, the department shall:(A)(i) Furnish such aid to alcohol and drug abusers in such manner as to afford them with the greatest benefit; and(ii) Have the power in this connection to make suitable arrangements with hospitals or clinics that afford them proper treatment, care or rehabilitation;(B) Provide services through existing mental health centers, clinics and other appropriate treatment resources, including state hospitals;(C) Carry on educational and informational programs on alcoholism and drug dependence for the benefit of the general public, consumers, professional persons or others who care for or may be engaged in the delivery of alcohol and drug abuse services;(D)(i) Cooperate with physicians and treatment resources in making arrangements for the treatment and care of indigents; and(ii) Have authority to arrange for payment for hospital care on a cost basis for such individuals;(E)(i) Formulate, undertake and carry out a research and evaluation program on alcoholism and drug dependence; and(ii) Participate in, cooperate with, and assist, as in its discretion shall be deemed advisable, other properly qualified agencies, including any agency of the federal government, schools of medicine and hospitals or clinics, in planning and conducting research on the prevention, care, treatment and rehabilitation of alcohol dependence or drug dependence, or both;(F) Serve as a clearinghouse for information relating to alcohol and drug abuse;(G) Develop, encourage and foster statewide, regional and local plans and programs in the field of alcoholism and drug dependence;(H) Review, comment upon and assist public agencies and local governments with applications for grants or other funds for services for alcohol and drug abusers to be submitted to the federal government;(I) Enlist the assistance of public and voluntary health, education, welfare and rehabilitation agencies in a concerted effort to prevent and treat alcohol and drug abuse and dependence;(J) Encourage the development of rehabilitation projects for industries in the state; and(K) Encourage the development of new treatment facilities.(c)(1) Through direct administration or through contracting with service providers, the department shall establish comprehensive, culturally relevant, drug and alcohol abuse prevention pilot programs. The pilot programs shall be located in those areas of the state that are especially in need of such programs and that will generate sufficient data to thoroughly measure and evaluate the overall efficiency and effectiveness of such programs. The pilot programs shall include, but not necessarily be limited to, the following: (A) Performance of a minority community needs assessment analysis in order to document specific prevention, treatment and health care needs;(B) Identification of high risk groups within the minority community;(C) Arrangement for delivery of needed prevention, treatment and other health care services from among those available to the minority community;(D) Delivery of a limited number of needed prevention, treatment and health care services not readily available to the minority community;(E) Utilization of community volunteers and outreach workers to:(ii) Provide individual support and encouragement; and(iii) Facilitate networking among social, religious, educational and community agencies and program personnel;(F) Development and implementation of a culturally relevant public awareness campaign specifically designed to target the minority community; and(G) Serve as models for the establishment of similar programs in other parts of the state.(2) Each year, on or before December 31, the department shall report to the governor and to each member of the general assembly concerning implementation of the pilot programs and shall include within the report the findings and recommendations of the department regarding the effectiveness and efficiency of the pilot programs.(3) Implementation of this subsection (c) shall be limited to the level of funding provided for that purpose within the general appropriations act.(d) In formulating a plan for the prevention of alcohol and drug abuse and for the care, treatment and rehabilitation of alcohol and drug dependent persons, the department shall make appropriate provision for ensuring that all state and local programs coordinated by the department pursuant to this section and that are targeted at children and youth shall address, through culturally relevant education activities, the hazards of nicotine abuse.(e)(1) Through grants contracted with community based agencies, the commissioner is authorized to plan, establish and administer pilot projects to develop effective and efficient prevention and treatment services for low-income, pregnant substance abusers. Each of the pilot projects should, to the extent possible within available funding, provide the following:(A) Public information programs culturally appropriate to the target populations, such information programs to include brochures, public service announcements and other creative and effective means of communication;(B) Community outreach, interagency liaison, interagency referral mechanisms and specialized training for maternal and child health providers;(C) Residential beds dedicated exclusively for rehabilitation of low income, pregnant substance abusers;(D) Intensive, outpatient slots dedicated exclusively for treatment of low income, pregnant substance abusers;(E) Family intervention services throughout the term of the pregnancy and during a period of postpartum follow-up;(F) Specialized support services needed to ensure effectiveness of rehabilitation and treatment, including, but not necessarily limited to, transportation services and day care;(G) Enhanced physician oversight of treatment modalities, to be provided at a level prescribed by the commissioner; and(H) Documentation and recordkeeping sufficient to enable the commissioner to objectively and systematically evaluate the effectiveness and efficiency of the various components of the pilot projects.(2) In seeking funding support for the pilot projects, the commissioner is authorized to utilize the resources of the United States alcohol, drug abuse, and mental health administration, the United States office of substance abuse prevention, as well as other public and private funding sources for substance abuse prevention and treatment programs. Implementation of the pilot projects shall be limited to the level of funding and resources obtained and provided for that purpose.(f)(1) Notwithstanding subsection (e), a pregnant woman referred for drug abuse or drug dependence treatment at any treatment resource that receives public funding shall be a priority user of available treatment. All records and reports regarding such pregnant woman shall be kept confidential. The department of mental health and substance abuse services shall ensure that family-oriented drug abuse or drug dependence treatment is available, as appropriations allow. A treatment resource that receives public funds shall not refuse to treat a person solely because the person is pregnant as long as appropriate services are offered by the treatment resource.(2)(A) If during prenatal care, the attending obstetrical provider determines no later than the end of the twentieth week of pregnancy that the patient has used prescription drugs which may place the fetus in jeopardy, and drug abuse or drug dependence treatment is indicated, the provider shall encourage counseling, drug abuse or drug dependence treatment and other assistance to the patient.(B) If the patient initiates drug abuse or drug dependence treatment based upon a clinical assessment prior to her next regularly scheduled prenatal visit and maintains compliance with both drug abuse or drug dependence treatment based on a clinical assessment as well as prenatal care throughout the remaining term of the pregnancy, then the department of children's services shall not file any petition to terminate the mother's parental rights or otherwise seek protection of the newborn solely because of the patient's use of prescription drugs for nonmedical purposes during the term of her pregnancy.(C) Notwithstanding subdivision (f)(2)(B), nothing shall prevent the department of children's services from filing any petition to terminate the mother's parental rights or seek protection of the newborn should the department determine that the newborn's mother, or any other adult caring for the newborn, is unfit to properly care for such child.(3) Any physician or other health care provider who does not recognize that the pregnant woman has used prescription drugs that place the fetus in jeopardy after a reasonable inquiry, or who complies with this subsection (f), or any physician or facility that initiates substance abuse treatment consistent with community standards of care pursuant to this subsection (f), shall be presumed to be acting in good faith and shall have immunity from any civil liability that might otherwise result by reason of such actions.(4) The commissioner of mental health and substance abuse services is authorized to promulgate emergency rules and regulations to effectuate the purposes of this act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.Amended by 2013 Tenn. Acts, ch. 398, s 2, eff. 5/14/2013.Acts 1973, ch. 295, § 4; 1975, ch. 248, § 1; 1981, ch. 224, § 19; T.C.A., § 33-804; Acts 1989, ch. 441, § 1; 1990, ch. 931, § 1; 1990, ch. 966, § 1; 1993, ch. 234, § 3; T.C.A., § 33-8-103; Acts 2009 , ch. 186, § 18; T.C.A. § 68-24-104.