This Tennessee TDMHSAS chapter specifies which regulatory rules apply to each distinct category of licensed mental health facility. Governing bodies of mental health outpatient, day program, hospital, residential treatment, crisis stabilization unit, supportive living, intensive day treatment for children and adolescents, and personal support services facilities must each comply with the specific combination of life safety, environment, and program requirement chapters assigned to their facility type. The chapter functions as a cross-reference map directing each facility type to its applicable standards rather than setting those standards itself.
View official sourceFebruary, 2025 (Revised) 1 RULES OF THE TENNESSEE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES OFFICE OF LICENSURE CHAPTER 0940-05-03 APPLICATION OF RULES FOR DISTINCT SERVICES CATEGORY TABLE OF CONTENTS 0940-05-03-.01 through 0940-05-03-.07 Repealed 0940-05-03-.08 Application of Rules for Mental Health Outpatient Facilities 0940-05-03-.09 Application of Rules for Mental Health Day Program Facilities 0940-05-03-.10 Application of Rules for Mental Health Hospital Facilities 0940-05-03-.11 Application of Rules for Mental Health Residential Treatment Facilities 0940-05-03-.12 Application of Rules for Mental Health Crisis Stabilization Unit Facilities 0940-05-03-.13 Application of Rules for Mental Health Supportive Living Facilities 0940-05-03-.14 through 0940-05-03-.23 Repealed 0940-05-03-.24 Application of Rules for Mental Health Intensive Day Treatment Program for Children and Adolescents Facilities 0940-05-03-.25 Repealed 0940-05-03-.26 Application of Rules for Personal Support Services Agencies 0940-05-03-.01 REPEALED. Authority: T.C.A. §§ 4-4-103, 4- 5-202(a)(3), 33- 1-302, 33- 1-305, 33- 1-309, 33- 2-301, and 33- 2-302. Administrative History: Original rule filed November 16, 1978; effective January 1, 1979. Amendment filed May 22, 1979; effective July 10, 1979. Amendment filed November 30, 1983; effective December 30, 1983. Repeal and new rule filed May 28, 1986; effective July 1, 1986. Amendment filed October 17, 1986; effective December 1, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. Repeal filed September 4, 2003; effective January 28, 2004. 0940-05-03-.02 REPEALED. Authority: T.C.A. §§ 4-4-103, 4- 5-202(a)(3), 33- 1-302, 33- 1-305, 33- 1-309, 33- 2-301, and 33- 2-302. Administrative History: Original rule filed November 16, 1978; effective January 1, 1979. Amendment filed May 22, 1979; effective July 10, 1979. Amendment filed November 30, 1983; effective December 30, 1983. Repeal and new rule filed May 28, 1986; effective July 1, 1986. Repeal and new rule filed June 30, 1986; effective July 30, 1986. Amendment filed October 14, 1986; effective November 28, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. Repeal filed September 4, 2003; effective January 28, 2004. 0940-05-03-.03 THROUGH 0940-05-03-.05 REPEALED. Authority: T.C.A. §§ 4-4-103, 4- 5-202(a)(3), 33- 1-302, 33- 1-305, 33- 1-309, 33- 2-301, and 33- 2-302. Administrative History: Original rule filed May 22, 1979; effective July 10, 1979. Repeal and new rule filed May 28, 1986; effective July 1, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. Amendment filed March 19, 1996; effective June 2, 1996. Repeal filed September 4, 2003; effective January 28, 2004. 0940-05-03-.06 AND 0940-05-03-.07 REPEALED. Authority: T.C.A. §§ 4-4-103, 4- 5-202(a)(3), 33- 1-302, 33- 1-305, 33- 1-309, 33- 2-301, and 33- 2-302 Administrative History: Original rule filed May 22, 1979; effective July 10, 1979. Repeal and new rule APPLICATION OF RULES FOR DISTINCT SERVICES CATEGORY CHAPTER 0940-05-03 (Rules 0940-05-03-.06 and 0940-05-03-.07, continued) February, 2025 (Revised) 2 filed May 28 , 1986; effective July 1, 1986. Repeal and new rule filed May 26, 1988 ; effective July 11, 1988. Repeal filed September 4, 2003; effective January 28, 2004. 0940-05-03-.08 APPLICATION OF RULES FOR MENTAL HEALTH OUTPATIENT FACILITIES. (1) The governing body of a mental health outpatient facility must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.04(2) Life Safety Business Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; and (d) Chapter 0940- 05-14 Minimum Program Requirements for Mental Health Outpatient Facilities; and (e) If services are to be provided to one (1) or more mobile non- ambulatory person, rule 0940-05-04-.09(2) Mobile Non-Ambulatory Rule. Authority: T.C.A. § 33-2-504. Administrative History: Original rule filed May 22, 1979; effective July 10 , 1979. Repeal and new rule filed May 2 8, 1986; effective July 1, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. 0940-05-03-.09 APPLICATION OF RULES FOR MENTAL HEALTH DAY PROGRAM FACILITIES. (1) The governing body of a day treatment facility m ust provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.03(2) Life Safety Educational Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; and (d) Chapter 0940-05-15 Minimum Program Requirements for Mental Health Day Program Facilities. Authority: T.C.A. § 33-2-504. Administrative History: Original rule filed May 22, 1979; effective July 10, 1979. Repeal and new rule filed May 28, 1986; effective July 1, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. 0940-05-03-.10 APPLICATION OF RULES FOR MENTAL HEALTH HOSPITAL FACILITIES. (1) The governing body of a mental health hospital facility must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.02(2) Life Safety Health Care Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; and (d) Chapter 0940- 05-16 Minimum Program Requirements for Mental Health Hospital Facilities. APPLICATION OF RULES FOR DISTINCT SERVICES CATEGORY CHAPTER 0940-05-03 (Rule 0940-05-03-.10, continued) February, 2025 (Revised) 3 Authority: T.C.A. § 33-2-504. Administrative History: Original rule filed May 22, 1979; effective July 10, 1979. Repeal and new rule filed May 28, 1986; effective July 1, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. 0940-05-03-.11 APPLICATION OF RULES FOR MENTAL HEALTH RESIDENTIAL TREATMENT FACILITIES. (1) The governing body of a mental health residential treatment facility which provides services for four (4) or more persons who are not capable of self -preservation must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.02(2) Life Safety Health Care Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; and (d) Chapter 0940- 05-17 Minimum Program Requirements for Mental Health Residential Treatment Facilities. (2) The governing body of a mental health residential treatment facility providing services to two (2) or three (3) clients must provide services and facilities which comply with the following rules: (a) Rule 0940-05-01-.07(2) One and Two-Family Dwellings Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; (d) Chapter 0940- 05-17 Minimum Program Requirements for Mental Health Residential Treatment Facilities; and (e) If services are to be provided to one (1) or more mobile non- ambulatory person, rule 0940-05-04-.09(2) Mobile Non-Ambulatory Rule. (3) The governing body of a mental health residential treatment facility providing services to four (4) or more clients must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.06(2) Life Safety Board and Care Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; (d) Chapter 0940- 05-17 Minimum Program Requirements for Mental Health R esidential Treatment Facilities; and (e) If services are to be provided to one (1) or more mobile non- ambulatory person, rule 0940-05-04-.09(2) Mobile Non-Ambulatory Rule. Authority: T.C.A. §§ 4-5-209, 33-1-205, and 33- 2-504. Administrative History: Original rule filed May 22, 1979; effective July 10, 1979. Repeal and new rule filed May 28, 1986; effective July 1, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. Amendment filed March 19, 1996; effective June 2, 1996. APPLICATION OF RULES FOR DISTINCT SERVICES CATEGORY CHAPTER 0940-05-03 February, 2025 (Revised) 4 0940-05-03-.12 APPLICATION OF RULES FOR MENTAL HEALTH CRISIS STABILIZATION UNIT FACILITIES. (1) The governing body of a mental health crisis stabilization unit which provides services for four (4) or more persons who are not capable of self -preservation must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.02(2) Life Safety Health Care Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; and (d) Chapter 0940- 05-18 Minimum Program Requirements for Mental Health Crisis Stabilization Unit Facilities. (2) The governing body of a mental health crisis stabilization unit facility providing services to two (2) or three (3) clients must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.07(2) One and Two-Family Dwellings Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; (d) Chapter 0940- 05-18 Minimum Program Requirements for Mental Health Crisi s Stabilization Unit Facilities; and (e) If services are to be provided to one (1) or more mobile non- ambulatory person, rule 0940-05-04-.07(2) Mobile Non-Ambulatory Rule. (3) The governing body of a mental health crisis stabilization unit facility providing services to four (4) or more clients must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.06(2) Life Safety Board and Care Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; (d) Chapter 0940-05-18 Minimum Program Requirements for Mental Health Crisi s Stabilization Unit Facilities; and (e) If services are to be provided to one (1) or more mobile non- ambulatory person, rule 0940-05-04-.09(2) Mobile Non-Ambulatory Rule. Authority: T.C.A. §§ 4-5-209, 33-1-205, and 33-2-504. Administrative History: Original rule filed May 28, 1986; effective July 1, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. Amendment filed March 19, 1996; effective June 2, 1996. APPLICATION OF RULES FOR DISTINCT SERVICES CATEGORY CHAPTER 0940-05-03 February, 2025 (Revised) 5 0940-05-03-.13 APPLICATION OF RULES FOR MENTAL HEALTH SUPPORTIVE LIVING FACILITIES. (1) The governing body of a mental health supportive living facility which provides services for four (4) or more persons who are not capable of self -preservation must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.02(2) Life Safety Health Care Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; and (d) Chapter 0940- 05-19 Minimum Program Requirements for Mental Health Supportive Living Facilities. (2) The governing body of a mental health supportive living facility pro- siding services to two (2) or three (3) clients must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.07(2) One and Two-Family Dwellings Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; (d) Chapter 0940- 05-19 Minimum Program Requirements for Mental Health Supportive Living Facilities; and (e) If services are to be provided to one (1) or more mobile non- ambulatory person, rule 0940-05-04-.09(2) Mobile Non-Ambulatory Rule. (3) The governing body of a mental health supportive living facility providing services to four (4) or more clients must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.06(2) Life Safety Board and Care Occupancies rule; (b) Chapter 0940-05-05 Adequacy of Facility Environment and Ancillary Services; (c) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; (d) Chapter 0940- 05-19 Minimum Program Requirements for Mental Health Supportive Living Facilities; and (e) If services are to be provided to one (1) or more mobile non- ambulatory person, rule 0940-05-04-.09(2) Mobile. Non-Ambulatory Rule. Authority: T.C.A. §§ 4-5-209, 33-1-205, and 33-2-504. Administrative History: Original rule filed May 28, 1986; effective July 1, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. Amendment filed March 19, 1996; effective June 2, 1996. 0940-05-03-.14 REPEALED. Authority: T.C.A. §§ 4-5-209, 33-1-205, 33-1-302, 33-1-303, 33-1-305, and 33-2-504. Administrative History: Original rule filed May 28, 1986; effective July 1, 1986. Repeal and new rule filed May 26, 1988; effective July 11, 1988. Amendment filed March 19, 1996; effective June 2, 1996. Repeal filed November 25, 2024; effective February 23, 2025. APPLICATION OF RULES FOR DISTINCT SERVICES CATEGORY CHAPTER 0940-05-03 February, 2025 (Revised) 6 0940-05-03-.15 REPEALED. Authority: T.C.A. §§ 33-1-302, 33-1-303, 33-1-305, and 33-2-504. Administrative History: Original rule filed May 26, 1988; effective July 11, 1988. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.16 REPEALED. Authority: T.C.A. §§ 33-1-302, 33-1-303, 33-1-305, and 33-2-504. Administrative History: Original rule filed May 26, 1988; effective July 11, 1988. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.17 REPEALED. Authority: T.C.A. §§ 33-1-302, 33-1-303, 33-1-305, and 33-2-504. Administrative History: Original rule filed May 26, 1988; effective July 11, 1988. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.18 REPEALED. Authority: T.C.A. §§ 4-5-209, 33- 1-205, 33-1-302, 33- 1-303, 33- 1-305, and 33- 2-504. Administrative History: Original rule filed May 26, 1988; effective July 11, 1988. Amendment filed March 19, 1996; effective June 2, 1996. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.19 REPEALED. Authority: T.C.A. §§ 33-1-302, 33-1-303, 33-1-305, and 33-2-504. Administrative History: Original rule filed May 26, 1988; effective July 11, 1988. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.20 REPEALED. Authority: T.C.A. §§ 33-1-302, 33-1-303, 33-1-305, and 33-2-504. Administrative History: Original rule filed May 26, 1988; effective July 11, 1988. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.21 REPEALED. Authority: T.C.A. §§ 33-1-302, 33-1-303, 33-1-305, and 33-2-504. Administrative History: Original rule filed May 26, 1988; effective July 11, 1988. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.22 REPEALED. Authority: T.C.A. §§ 33-1-302, 33-1-303, 33-1-305, and 33-2-504. Administrative History: Original rule filed May 26, 1988; effective July 11, 1988. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.23 REPEALED. Authority: T.C.A. §§ 4-4-103, 33- 1-205(b)(5), 33-1-302, 33- 1-303, 33- 1-305, and 33-2-504. Administrative History: Original rule filed October 17, 1995; effective December 31, 1995. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.24 APPLICATION OF RULES FOR MENTAL HEALTH INTENSIVE DAY TREATMENT PROGRAM FOR CHILDREN AND ADOLESCENTS FACILITIES. (1) The governing body of a mental health intensive day treatment program for children and adolescents facility must provide services and facilities which comply with the following rules: (a) Rule 0940-05-04-.03(2) - Life Safety Educational Occupancies rule; (b) Chapter 0940-05-05 - Adequacy of Facility Environment and Ancillary Services; APPLICATION OF RULES FOR DISTINCT SERVICES CATEGORY CHAPTER 0940-05-03 (Rule 0940-05-03-.24, continued) February, 2025 (Revised) 7 (c) Chapter 0940-05-06 - Minimum Program Requirements for All Facilities; and (d) Chapter 0940-05-30 - Minimum Program Requirements for Mental Health Intensive Day Treatment Programs for Children and Adolescents Facilities. Authority: T.C.A. §§ 4-4-103, 33-1-205(b)(5), and 33 -2-504. Administrative History: Original rule filed January 11, 1996; effective March 26, 1996. 0940-05-03-.25 REPEALED. Authority: T.C.A. §§ 4-4-103, 33- 1-205(b)(5), 33-1-302, 33- 1-303, 33- 1-305, and 33- 2-504. Administrative History: Original rule filed January 11, 1996; effective March 26, 1996. Repeal filed November 25, 2024; effective February 23, 2025. 0940-05-03-.26 APPLICATION OF RULES FOR PERSONAL SUPPORT SERVICES AGENCIES . (1) The licensee providing personal support services must comply with and provide services that comply with the following rules: (a) Chapter 0940-05-06 Minimum Program Requirements for All Facilities; (b) Chapter 0940-05-36 Minimum Program Requirements for Personal Support Services Agencies; and (c) Regardless of whether a licensee is a sole proprietorship, partnership, corporation, limited liability company or limited liability partnership, it must meet all requirements of chapters 0940-05-06, and 0940-05-36. Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-302, 33-1-305, 33-1-309, 33-2-301, and 33- 2-302. Administrative History: Original rule filed August 29, 2003; effective December 29, 2003.