§ 33-2-1402 — List of approved recovery residence organizations

(a) The department of mental health and substance abuse services shall establish and maintain on its website a list of organizations. (b) (1) A recovery residence that is not recognized or certified by an organization or funded by a state or federal department or agency is required to display in a prominent place within the recovery residence, a sign at least eleven inches (11") in height and seventeen inches (17") in width stating: NOTICE: THIS IS A RECOVERY RESIDENCE THAT IS DESIGNED TO ASSIST MEN AND/OR WOMEN WHO DO NOT REQUIRE MORE STRUCTURED TREATMENT ENVIRONMENTS TO RECOVER FROM SUBSTANCE USE DISORDER; HOWEVER, THIS RESIDENCE MAY NOT COMPLY WITH NATIONAL OR STATE STANDARDS . THIS RESIDENCE IS NOT LICENSED OR FUNDED BY THE TENNESSEE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES AS IT IS PRIVATELY FUNDED AND DOES NOT PROVIDE TREATMENT SERVICES. IF YOU ARE IN NEED OF TREATMENT SERVICES, PLEASE CALL THE TENNESSEE REDLINE AT 1-800-889-9789. IF YOU WOULD LIKE ADDITIONAL INFORMATION REGARDING ADDITIONAL SUBSTANCE USE DISORDER SERVICES AND RESOURCES, INCLUDING ADDITIONAL INFORMATION REGARDING APPROVED RECOVERY RESIDENCE OPTIONS , PLEASE VISIT THE TENNESSEE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES WEBSITE AT https://www.tn.gov/behavioral-health.html. THIS IS A NOTICE POSTED PURSUANT TO TENN. CODE ANN. § 33-2-1402 . (2) In addition to any other punishment authorized by law, a person or entity that knowingly violates this section is subject to action by the attorney general and reporter or a person described in § 47-18-109(a)(1) under the Tennessee Consumer Protection Act of 1977, as compiled in title 47, chapter 18, part 1. (c) The department of correction shall: (1) Recognize the approved recovery residences as approved placements for those persons with substance use disorder to community supervision; (2) Indicate which placements on any list of placements for community supervision are approved recovery residences; and (3) Establish a preference for approved recovery residences by encouraging placements in the residences. (d) (1) A licensed or certified service provider, judge, or magistrate shall not refer an individual, who is appropriate for housing in a recovery residence to support the individual's recovery from a substance use disorder, to a recovery residence, including a recovery residence owned or operated by the referent, that is not recognized or certified by an organization, or funded by a state or federal department or agency. (2) In referring an individual to an approved recovery residence, a licensed or certified service provider, judge, or magistrate shall consider the following: (A) The culture of the recovery residence, which may include, but is not limited to: (i) The permissiveness of unhealthy behaviors; (ii) The degree of adherence to outside meeting attendance; (iii) Other peers' investment in recovery; and (iv) The general living environment; (B) The levels of care the recovery residence provides, including: (i) The type, nature, and intensity of the therapeutic services and recovery supports provided; and (ii) The ability to address specific needs; (C) The utilization of certified or appropriately trained peers with relevant lived experience; (D) The geographic area, neighborhood, or external surrounding environment of the recovery residence; (E) The physical living environment of the recovery residence; (F) The nature of current residents, including: (i) The current residents' commitment to sobriety; (ii) The current residents' employment status; and (iii) The current residents' support of other residents; (G) The use of medicated assisted treatment (MAT) in the recovery residence, including: (i) The operator's or other residence staff's support for MAT; (ii) The proper monitoring of the use of MAT; (iii) The residents' support of MAT; and (iv) The availability of peers with MAT experience for residents with severe opioid use disorder (OUD); (H) The level of training and professionalism of residence staff, which may include, but is not limited to, training in co-occurring disorders and crisis intervention; (I) The recovery residence's reputation regarding ethical business practices, which may include, but is not limited to, fraud and abuse of residents; (J) The recovery residence's relapse policy; and (K) The availability of opioid-overdose reversal drugs. (3) Any licensed or certified provider that violates subdivision (d)(1) is subject to the suspension or revocation of the provider's license or certificate by the appropriate licensing or certification board and the imposition of civil penalties as authorized under the appropriate title. (4) Any judge or magistrate who violates subdivision (d)(1) is subject to disciplinary action by the board of judicial conduct pursuant to title 17, chapter 5, part 3. (5) This subsection (d) does not otherwise limit the discharge or referral options available for a person in recovery from a substance use disorder to any other appropriate placements or services. (6) As used in this subsection (d), "refer" does not include the order of an individual to a recovery residence that is not recognized or certified by an organization, or funded by a state or federal department or agency, if the individual selected the recovery residence independent of influence from the licensed or certified service provider, judge, or magistrate. (e) (1) No state funds may be used to support a recovery residence that is not recognized or certified by an organization. (2) Subdivision (e)(1) does not apply to a recovery residence that is already receiving state or federal funds through a grant process administered by a state or federal department or agency.

Legislative History

Added by 2021 Tenn. Acts, ch. 309, s 5, eff. 7/1/2022.