0940-01-02-.05
Duration Of Informed Consent And Effect Of Revocation
Cite as Tenn. Comp. R. & Regs. 0940-01-02-.05
(1)
Informed consent for psychotropic medication, physical treatment, and release of information
shall be limited to the current RMHI admission. If a patient is discharged and subsequently
readmitted, informed consent as required by these rules must be obtained for any
psychotropic medication, physical treatment, and/or release of information related to the new
admission.
(2)
A consent for psychotropic medication or physical treatment remains effective until:
(a)
The patient who has consented or the patient’s conservator who has the authority to
give consent expressly revokes the consent in writing or orally, or
(b)
The patient who has consented continuously refuses, either orally or behaviorally, to
take the psychotropic medication or physical treatment for a 72-hour period, thereby
revoking the consent.
(3)
A release of information remains effective until:
(a)
The date, event or condition of expiration specified on the release of information form
occurs, or
(b)
The patient who has consented or the patient’s conservator who has the authority to
give consent expressly revokes the release of information in writing or orally.
(c)
The release of information expires automatically one (1) year from the date of
signature.
(4)
If, after revoking a consent, the patient or conservator subsequently indicates a willingness to
have the psychotropic medication administered, to accept the physical treatment, and/or to
allow release of information, the psychotropic medication, physical treatment, and/or release
of information shall be resumed only after the patient gives a voluntary, informed consent in
writing in accordance with Rules 0940-01-02-.04 and 0940-01-02-.06. If the patient continues
to refuse psychotropic medication, and the treatment team deems that the medication is
PROCEDURES FOR PRESCRIPTION AND ADMINISTRATION OF
CHAPTER 0940-01-02
PSYCHOTROPIC MEDICATIONS AT MENTAL HEALTH INSTITUTES
essential to the patient’s recovery, a TRC may be pursued in accordance with Rule 0940-01-
02-.10.
(5)
Revocation of informed consent shall be documented as follows:
(a)
If a patient or the patient’s conservator revokes a consent for psychotropic medication,
the revocation shall be documented immediately in the patient’s medical record, and an
order discontinuing the revoked psychotropic medication shall be written by a member
of the RMHI Medical Staff. Refer to 0940-01-02-.07 related to the administration of
emergency medications in the event of an emergency situation.
(b)
If a patient or the patient’s conservator revokes a consent for physical treatment, the
revocation shall be documented immediately in the patient’s medical record, and an
order discontinuing the revoked physical treatment shall be written by a member of the
RMHI Medical Staff.
(c)
If a patient or the patient’s conservator revokes a release of information, the revocation
shall be documented immediately on the Revocation of Authorization to Release
Confidential Information Form and maintained in the patient’s medical record.
(6)
A patient or the patient’s conservator may decide to partially revoke consent, retaining
consent for part of the psychotropic medications, physical treatment, and/or release of
information included on the consent. The written documentation of the partial revocation must
clearly reflect which parts of the consent are revoked and which are retained.