§ 52-1-105 — Commissioner powers and duties

(a) The commissioner shall: (1) Based on best practices and research, assess the needs of persons supported and potential persons supported throughout the state, plan for a system to meet the needs, set standards for services and supports for persons supported, promote the development of services and supports for persons supported in a community-based, family-oriented system, perform the department's duties, and achieve the department's goals; (2) Collaborate with all relevant state agencies to coordinate the administration of state programs and policies that directly affect persons supported with respect to treatment, habilitation, and education; (3) Advise the governor; general assembly; state, local, and private agencies; and the public in matters affecting persons supported and advocates meeting their needs; (4) Be available or appoint a designee to serve on state-level committees or bodies where the purpose of that state body or committee is concerned with the general health, education, or welfare of the citizens of this state, when persons with disabilities or older persons are affected by the decisions of that body; and (5) Serve as an advocate within government and in the community for older persons and persons with disabilities in this state. (b) The commissioner may: (1) Select and recommend to the appropriate state officials the employment of all personnel required for the operation of the department; (2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department; (3) Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with an intellectual or developmental disability and older persons; (4) Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults with an intellectual or developmental disability and older persons and make the compilations available in print and on the internet; (5) Prescribe and distribute the forms to be used in connection with the admission, hospitalization, or release of persons supported in the department's facilities; (6) Alter the department's facilities and grounds and name them; (7) Order the transfer of persons supported between state facilities; (8) Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by persons supported and others that are alleged to arise out of acts of omission or commission of those personnel; (9) Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department; (10) Assume general responsibility for the proper and efficient operation of the department and its facilities, services, and supports; (11) Promulgate rules necessary to fulfill the department's responsibilities and carry out this title; (12) Prescribe the form of applications, records, reports, and certificates provided for in this title and the information the forms must contain; and (13) Investigate complaints by a person supported or by another person on behalf of a person supported.

Legislative History

Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.