Tennessee § 71-2-402 Licensing requirements - Exemption for limited respite care services program

Tennessee Statutes

§ 71-2-402 — Licensing requirements - Exemption for limited respite care services program

(a)No person or any entity of any kind, public or private, shall provide adult day care in this state without first obtaining a license as provided in this part.

(b)If any person or entity appears to be subject to the licensing requirements of this part and is currently licensed by any other agency of state government, the commissioner shall consult with the head of such other state agency, and, if after such consultation, the commissioner determines that the services to adults that are provided by the person or entity are adequately regulated by the licensing requirements of that other state agency, then the commissioner may determine that no licensing of such person or entity by the department pursuant to this part shall be necessary.

(c)(1) A limited respite care services program is

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(a) No person or any entity of any kind, public or private, shall provide adult day care in this state without first obtaining a license as provided in this part. (b) If any person or entity appears to be subject to the licensing requirements of this part and is currently licensed by any other agency of state government, the commissioner shall consult with the head of such other state agency, and, if after such consultation, the commissioner determines that the services to adults that are provided by the person or entity are adequately regulated by the licensing requirements of that other state agency, then the commissioner may determine that no licensing of such person or entity by the department pursuant to this part shall be necessary. (c) (1) A limited respite care services program is exempt from licensure under this part. (2) For purposes of this subsection (c), "limited respite care services program" means a program that has as its sole purpose to provide primary caregivers of appropriate adults with relief from normal caregiving duties and responsibilities and: (A) Is operated by a religious institution or religious organization that provides custodial care for aging adults and adults with limitations on activities of daily living: (i) Who can function in a group setting; (ii) Who can feed and perform toilet functions without the assistance of a personal aide accompanying them; and (iii) Who attend no more than three (3) days each calendar week, no more than twelve (12) hours in any one (1) week, and no more than six (6) hours in any one (1) day; (B) Is registered with the department pursuant to rule promulgated by the commissioner under § 71-2-412 ; (C) Maintains records that include, at a minimum, dates and times of each adult's attendance; (D) Provides care services for less than fifteen (15) adults at the same time; and (E) Does not administer medications to adults while under the program's care. (3) For purposes of this subsection (c), "religious institution" or "religious organization" means an entity exempt from registration as a bona fide religious institution under § 48-101-502 . (4) The department is authorized to make site visits to a program in order to ensure compliance with the terms of the exemption permitted under this subsection (c).

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