reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 5 - MANDATORY COMMUNITY-BASED SERVICES (§§ 52-5-501 — 52-5-507) › Section 52-5-504 - Services plan development

If upon completion of an evaluation of a person under § 52-5-404 or § 52-5-409, the department determines that the person meets the standards in § 52-5-501, § 52-5-502, or § 52-5-503, and if the department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services, then the department must attempt to develop a service plan for the person for the purpose stated. The plan must be for a maximum of two (2) years, and no person shall participate in the plan for more than two (2) years.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 5 - MANDATORY COMMUNITY-BASED SERVICES (§§ 52-5-501 — 52-5-507) › Section 52-5-505 - Hearing to contest services plan

If a defendant contests a plan proposed by the department under § 52-5-501, § 52-5-502, or § 52-5-503, then the court must hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The court shall either approve the plan or approve the plan as modified by the department to correct deficiencies found by the court.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 5 - MANDATORY COMMUNITY-BASED SERVICES (§§ 52-5-501 — 52-5-507) › Section 52-5-506 - Assessment reports

A service provider with a person supported under § 52-5-501, § 52-5-502, or § 52-5-503 shall assess the person supported's needs at least every six (6) months and report to the court every six (6) months on the person's progress toward the goal of the plan and on the person's use of the service. A service provider may request the court to release the person supported from the plan at any time.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 5 - MANDATORY COMMUNITY-BASED SERVICES (§§ 52-5-501 — 52-5-507) › Section 52-5-507 - Termination of services plan

If, after two (2) years of intensive training on a department-approved competence to stand trial plan under § 52-5-501, the defendant has not made substantial progress to attain competence to stand trial, then the service provider must assess the defendant's needs and may terminate the service plan and recommend to the court that the defendant be referred to other mental health or intellectual disability services as deemed appropriate. The service provider shall report its conclusion to the court before terminating services.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 6 - STATEWIDE PLANNING AND POLICY COUNCIL (§§ 52-5-601 — 52-5-602) › Section 52-5-601 - Creation; members; appointment and removal; terms

(a)
There is created the statewide planning and policy council for the department to assist in planning a comprehensive array of high-quality prevention, early intervention, treatment, and habilitation services and supports and to advise the department on policy, budget requests, and developing and evaluating services and supports.
(b)
(1)
The statewide planning and policy council must be composed of not less than eleven (11) members, not including ex officio members. The governor shall appoint the chair of the council. The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator as a member of the council. The commissioner shall serve, ex officio, as secretary to the council and, if the chair is not present at a meeting, shall designate a member to serve as chair for the meeting. The governor is an ex officio member of the council and may appoint representatives of state agencies as ex officio members of the council. The governor shall appoint one (1) at-large representative.
(2)
The commissioner shall appoint five (5) members, two (2) of whom must be persons supported or family members of persons supported, one (1) must be a representative for children, one (1) must be an intellectual and developmental disability service provider, and one (1) must represent others affected by intellectual and developmental disability issues. Additionally, the commissioner shall appoint one (1). representative for older persons supported and at least one (1) at-large representative.
(3)
At least a majority of the council's membership must consist of current or former persons supported and family members of persons supported.
(c)
The members of the statewide planning and policy council receive no compensation.
(d)
The statewide planning and policy council shall meet quarterly at a place designated by the chair and may meet more often upon the call of the chair or a majority of the members.
(e)
Terms on the council are three (3) years, except that the chair and members appointed by the speakers have terms of two (2) years.
(f)
The appointing authority may remove a member for failure to attend at least one-half (
1
/
2
) of the scheduled meetings in any one-year period or for other good cause.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 5 - INTELLECTUAL AND DEVELOPMENTAL DISABILITY SERVICES (§§ 52-5-101 — 52-5-602) › Part 6 - STATEWIDE PLANNING AND POLICY COUNCIL (§§ 52-5-601 — 52-5-602) › Section 52-5-602 - Duties; reports

(a)
The statewide planning and policy council shall advise the commissioner as to plans and policies to be followed in the service systems and the operation of the department programs and facilities, recommend to the general assembly legislation and appropriations for the programs and facilities, advocate for and publicize the recommendations, and publicize generally the situation and needs of persons with an intellectual or developmental disability and their families.
(b)
The statewide planning and policy council shall especially attend to:
(1)
Identification of common areas of concern to be addressed in the grand divisions of the state, as defined in title 4, chapter 1, part 2;
(2)
The needs of persons supported who are children or elderly and of persons supported with combinations of intellectual or developmental disabilities and other conditions;
(3)
Evaluation of needs assessment, service, and budget proposals;
(4)
Reconciliation of policy issues among the grand divisions of the state, as defined in title 4, chapter 1, part 2; and
(5)
Annual review of the adequacy of this title to support the service systems.
(c)
The statewide planning and policy council, in conjunction with the commissioner, shall report annually to the governor on the service systems, including programs, services, supports, and facilities of the department, and may furnish copies of the reports to the general assembly with recommendations for legislation. The statewide planning and policy council may make other reports to the governor and to the general assembly as the council deems necessary. The commissioner shall make the reports available to the public, including on the internet and by other appropriate methods.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 6 - SECURE UNITS AND FORENSIC SERVICES (§§ 52-6-101 — 52-6-103) › Section 52-6-101 - Creation

The commissioner may operate in the state hospitals' secure facilities, known as forensic services units, necessary for persons with an intellectual or developmental disability who are eligible for admission to the units under this title.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 6 - SECURE UNITS AND FORENSIC SERVICES (§§ 52-6-101 — 52-6-103) › Section 52-6-103 - Cost of evaluation and treatment; inpatient evaluation deadline

(a)
The cost of evaluation and treatment under this section and § 52-6-102, if the defendant is charged with a misdemeanor, must be a charge upon the funds of the county. If the court finds the defendant financially able to pay all or part of the costs and expenses for the evaluation and treatment, then the court may order the defendant to pay all or part of the costs and expenses. Payment must be made to the clerk of the general sessions court for remittance to the person, agency, or facility to whom compensation is due, or, if the costs and expenses have been paid by the county, to the appropriate office of the county.
(b)
Costs of the care or treatment of any defendant ordered by the court and who is charged with a misdemeanor must be paid by the state only when specifically authorized by law.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 7 - SPECIAL PROVISIONS FOR CHILDREN (§§ 52-7-101 — 52-7-105) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 52-7-101 — 52-7-105) › Section 52-7-101 - Application of title; fundamental principles

(a)
Services for children who have an intellectual or developmental disability are governed by this title. The general assembly finds that supporting families in their role as primary caregivers for their children is more humane, efficient, and cost effective than placing children in state custody to obtain necessary services or otherwise placing children in settings outside their homes.
(b)
For children covered by this title, the following service principles are fundamental to carrying out the responsibilities of service providers and advocates:
(1)
Families and children are most responsible for determining their needs and should be included appropriately in planning and providing service and support;
(2)
Families should receive the support they need to care for their children at home;
(3)
Service providers and advocates should enable families and children to make good decisions concerning necessary, desirable, and appropriate services;
(4)
Service providers should coordinate services among agencies likely to provide services and supports to children and families;
(5)
Service providers and advocates should participate in development of interagency agreements under § 52-1-106 to assure consideration of the needs and problems of children and families; and
(6)
Service providers should achieve smooth transitions in services and supports as children grow through various stages of development and become vested in making decisions for themselves, including the transition into adulthood.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 7 - SPECIAL PROVISIONS FOR CHILDREN (§§ 52-7-101 — 52-7-105) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 52-7-101 — 52-7-105) › Section 52-7-102 - Departmental responsibilities

The department shall promote effective advocacy for services and supports for all children with an intellectual or developmental disability. The department's responsibilities for children include, but are not limited to:
(1)
Promoting collaboration among caregivers and service providers and equitable involvement of caregivers in service plan development;
(2)
Determining eligibility;
(3)
Providing basic service standards;
(4)
Facilitating the interdepartmental planning process for children through the statewide and regional planning and policy councils;
(5)
Initiating meetings or other processes to develop local interagency agreements as needs and problems are identified by service providers, advocates, or families;
(6)
Assisting children and their families to gain access to the system of services and supports;
(7)
Defining and listing an array of services and supports; and
(8)
Assisting youth who have been in the public system of care with transition to adult services.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 7 - SPECIAL PROVISIONS FOR CHILDREN (§§ 52-7-101 — 52-7-105) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 52-7-101 — 52-7-105) › Section 52-7-103 - Priority population; funding

Children with an intellectual or developmental disability are a priority population for the department's intellectual and developmental disability services and supports. The department shall set the array of services and supports for these priority populations annually in its plan. The state shall fund, and the department shall maintain the array of services and supports for persons in this priority population. Consistent with applicable eligibility requirements, the state may provide the funding for the services through the medicaid program or any waiver granted under the medicaid program, specifically including TennCare, other public funds, or private funds.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 7 - SPECIAL PROVISIONS FOR CHILDREN (§§ 52-7-101 — 52-7-105) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 52-7-101 — 52-7-105) › Section 52-7-104 - Emancipated children; parental rights and responsibilities

Children who are emancipated by marriage, court order, or in any. other way recognized by law in the state have all the rights and responsibilities of adults under this title, except to the extent those rights are restricted by court order. The parent of an emancipated child must be treated as the parent of an adult under the provisions of this title that give parents rights or responsibilities with respect to the child.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 7 - SPECIAL PROVISIONS FOR CHILDREN (§§ 52-7-101 — 52-7-105) › Part 1 - SERVICES TO CHILDREN GENERALLY (§§ 52-7-101 — 52-7-105) › Section 52-7-105 - Plans for transition to adult services

Intellectual and developmental disability service providers shall prepare interagency plans to assure that persons seventeen (17) years of age in state custody who will continue to need services and supports in adulthood can make a smooth transition to adult services. The plan must take into account the requirements in other state and federal laws with respect to service. If necessary to avoid delays in service during the transition into adult services, plans must be prepared before the persons become seventeen (17) years of age.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Part 1 - THE COMMISSION (§§ 52-8-101 — 52-8-105) › Section 52-8-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Area agency on aging and disability" means any agency that has been designated by the department to plan for and provide services to older persons and adults with disabilities within a defined geographic area;
(2)
"Commission" means the commission on aging and disability created under § 52-8-102;
(3)
"Home- and community-based long-term care" means supportive services, including, but not limited to, personal assistance, homemaker and chore services, adult day services, assistive technology, home-delivered meals, assisted transportation and mobility services, respite and hospice care, and rehabilitative care, that are provided to older persons and adults with disabilities to help them to remain independent, avoid inappropriate institutionalization, and maintain physical, social, and spiritual independence in the least restrictive environment;
(4)
"Older Americans Act" means the Older Americans Act of 1965, as amended (
42 U.S.C. § 3001
et seq.); and
(5)
"Planning and service area" means a geographical division of this state that serves as an administrative unit for the purpose of planning and delivering services to older persons.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Part 1 - THE COMMISSION (§§ 52-8-101 — 52-8-105) › Section 52-8-103 - Powers and duties of the commission

(a)
The commission shall:
(1)
Advise the department on matters relating to the development and execution of programs and services for older adults and adults with disabilities administered by the department ,as enumerated in this title;
(2)
Meet as necessary to transact business; provided, that meetings must be held at least quarterly;
(3)
Promulgate bylaws to provide for the election of officers, establishment of committees, meetings, and other matters relating to commission functions; and
(4)
Elect a chair, vice chair, and three (3) representatives, one (1) from each of the three (3) grand divisions, who shall comprise the executive committee to function between quarterly meetings.
(b)
In addition to the duties otherwise granted to the commission in this part, the commission may:
(1)
Make recommendations to the governor, heads of state departments, and the general assembly relative to the needs of older adults and adults with disabilities in this state;
(2)
Hold hearings, conduct research, and engage in other appropriate activities to determine the needs of older persons and persons with a disability, including particularly, but not limited to, their needs for health and social services, and to determine the existing services and facilities, private and public, available to meet those needs; and
(3)
Create subcommittees to undertake such special studies as the commission authorizes and include in such subcommittees persons qualified in any field of activity relating to aging or disability, or both.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Part 1 - THE COMMISSION (§§ 52-8-101 — 52-8-105) › Section 52-8-104 - Members; expenses and expenditures; reimbursement

Members of the commission receive no compensation for their services other than a reimbursement for traveling and other expenses incurred in the attendance of meetings required by this part or other meetings authorized by the commission. All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Part 1 - THE COMMISSION (§§ 52-8-101 — 52-8-105) › Section 52-8-105 - Conflict of interest

If any matter before the commission involves a project, transaction, or relationship in which a member or a member's associated institution, business, or agency has a direct or a conflicting interest, then the member must make known to the commission that interest and be excused from the proceedings.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Section 52-8-201 - Purposes of part

The general purposes of this part are to provide a comprehensive and coordinated service system for the state's aging population, giving high priority to those persons in greatest need, to conduct studies and research into the needs and problems of the aging, and to provide a system of home- and community-based long-term care services that is responsive to the needs of all Tennesseans regardless of age, disability, or economic status.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Section 52-8-204 - Office of long-term care ombudsman

(a)
Within the department there is established an office of the state long-term care ombudsman, which carries out those functions delineated in the Older Americans Act.
(b)
The office shall designate and contract with, either directly or through the area agency on aging, a local grantee to establish and operate a local ombudsman program in each of the designated planning and service areas. Each local ombudsman program shall carry out the duties of the office in each area through paid staff and trained volunteers. For the purposes of carrying out those duties, and only to the extent required by the Older Americans Act, each local program unit is considered to be a subdivision of the office; provided, that this subsection (b) has no effect upon the character of local government or private agencies or corporations, and they are not considered to be agencies of this state.
(c)
Paid staff and volunteers must be trained as required by and under the supervision of the office, which shall certify those persons who have been properly trained as representatives of the office; provided, that local program employees and volunteers are not considered to be employees of this state. The office shall maintain a current listing of certified representatives. Certified representatives are immune from liability for acts or omissions committed within the scope of their assigned duties, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Section 52-8-205 - Congregate and home-delivered meals

The standards and procedures developed by the department relative to the nutrition program for older persons operated in accordance with the Older Americans Act must establish a threshold of an annual average of ten (10) congregate and home-delivered meals a day for any nutrition sites.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Section 52-8-206 - Working group; abuse; law enforcement field guide

The commissioner shall establish a working group that is led by the department and includes the division of adult protective services of the department of human services, the department of health, the district attorneys general conference, members of local law enforcement, and other state departments and agencies as necessary. The working group shall draft and develop a field guide to provide law enforcement in this state with the specific statutes and other resources related to assisting in the prevention, investigation, and prosecution of abuse under this part or the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Section 52-8-207 - Multidisciplinary collaborative coalition; reduction of elder and vulnerable adult abuse, neglect, and exploitation; strategies

The commissioner shall establish and lead a multidisciplinary collaborative coalition of state agencies and departments involved in the prevention, investigation, and prosecution of elder and vulnerable adult abuse, neglect, and exploitation. In an effort to reduce this abuse, neglect, and exploitation, the coalition shall develop and undertake strategies to increase communication with the public and state agencies, propose educational outreach, and promote the sharing of existing resources and information.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Section 52-8-208 - Tennessee vulnerable adult coalition; public and private entities; collaboration to prevent abuse, neglect, and financial exploitation

There is established the Tennessee vulnerable adult coalition (TVAC) as an advisory entity. The coalition is administratively attached to the department and must be convened by the commissioner. The commissioner shall invite appropriate entities to participate on a volunteer basis. The coalition shall bring public and private entities in this state together to promote the collaboration necessary to prevent the abuse, neglect, and financial exploitation of elderly and vulnerable adults.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Section 52-8-209 - Funding for support of older adults; resource mapping; reports

(a)
The department shall design and oversee a resource mapping of all federal- and state-funding sources and funding streams as well as resources for nonprofit and other nongovernmental entities that support the health, safety, and welfare of older adults in this state who are sixty (60) years of age or older. The resource mapping must include, but not be limited to:
(1)
An inventory of all federal- and state-funding sources that support these older adults in this state;
(2)
An inventory of all state, federal, or government subsidized services and programs offered to these older adults in this state, set out by program, target population, geographical region, agency, or any other grouping that would assist the general assembly in determining whether there are overlapping programs that lead to duplication within this state, gaps in service delivery, and any administrative inefficiencies generally;
(3)
A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of such funding, and the intended outcomes of the programs and services;
(4)
Government mandates for the use of the funds, if any; and
(5)
An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used.
(b)
The department shall update the report each year and subsequently assure that the resource map is periodically and timely updated, so as to maintain a current resource map of the funds used to support these older adults in the state.
(c)
The comptroller of the treasury and each department of state government or agency in this state shall provide assistance upon request to the department in effectuating this section.
(d)
On or before January 15, 2019, the department shall provide a preliminary report to the health and welfare committee of the senate and the health committee of the house of representatives. On or before December 15, 2020, and each successive year thereafter, the department shall provide a full report to the health and welfare committee of the senate and the health committee of the house of representatives. The full report must include, but not be limited to, the resource map and any recommendations, including proposed legislation, for improving the efficiency and effectiveness of programs offered to older adults who are sixty (60) years of age or older in this state.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-101 - Administration - Short title

This chapter shall be administered by the state department of agriculture and shall be known and may be cited as the "Tennessee Food, Drug and Cosmetic Act."
Acts 1941, ch. 120, § 1; C. Supp. 1950, § 6580.1; T.C.A. (orig. ed.), § 52-101.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-106 - Certain food exempted from affirmative labeling requirements

Food that is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed is exempt from the affirmative labeling requirement of this chapter while it is in transit in intrastate commerce from one establishment to the other, if the transit is made in good faith for those completion purposes only; but the food is otherwise subject to all the applicable provisions of this chapter.
Acts 1941, ch. 120, § 13; C. Supp. 1950, § 6580.13; T.C.A. (orig. ed.), § 52-113.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-107 - Poisonous or deleterious substance - Regulations as to use

(a)
Any poisonous or deleterious substance, which shall include, but not be limited to, pesticide chemicals, food additives, color additives and radiation sources, added to any food pursuant to §
53-1-104
, to any drug or device pursuant to §
53-1-108
, or to any cosmetic pursuant to §
53-1-111
, shall be deemed unsafe for the purposes of application of §§
53-1-104(1)(B)
,
53-1-108(1)
and
53-1-111(1)
, except where the substance:
(1)
Is required in the production of the food;
(2)
Cannot be avoided by good manufacturing practice; or
(3)
Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer.
(b)
(1)
(A)
When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§
53-1-104(1)(B)
,
53-1-108(1)
and
53-1-111(1)
.
(B)
The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act.
(2)
In determining the quantity of the added substance to be tolerated in or on different articles of foods, drugs, devices or cosmetics, the commissioner shall take into account the extent to which the use of the substance is required or cannot be avoided in the production or manufacture of the article and the other ways in which the health and economic interests of the consumer may be affected by the same or other poisonous or deleterious substances.
Acts 1941, ch. 120, § 14; C. Supp. 1950, § 6580.14; Acts 1961, ch. 55, § 3; T.C.A. (orig. ed.), § 52-114.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-108 - Drugs or devices deemed adulterated

A drug or device shall be deemed to be adulterated if:
(1)
(A)
It consists, in whole or in part, of any filthy, putrid or decomposed substance;
(B)
It has been produced, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health;
(C)
It is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or
(D)
It is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified under the authority of the federal act;
(2)
(A)
(i)
It purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium;
(ii)
The determination as to strength, quality or purity shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence or inadequacy of those tests or methods of assay, those prescribed by the United States department of agriculture;
(B)
No drug defined in an official compendium shall be deemed to be adulterated under this subdivision (2) because it differs from the standard of strength, quality or purity for the drug set forth in the compendium, if its difference in strength, quality or purity from the standard is plainly stated on its label;
(C)
Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia, unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the Homeopathic Pharmacopoeia of the United States;
(3)
It is not subject to subdivision (2) and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess; or
(4)
It is a drug and any substance has been:
(A)
Mixed or packed with the drug so as to reduce its quality or strength; or
(B)
Substituted wholly or in part for the drug.
Acts 1941, ch. 120, § 15; C. Supp. 1950, § 6580.15; T.C.A. (orig. ed.), § 52-115.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-110 - Sale of new drugs

(a)
No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless an application with respect to the drug has become effective under § 505 of the federal act.
(b)
This section shall not apply to:
(1)
A drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety in drugs; provided, that the drug is plainly labeled "For Investigational Use Only"; and provided, further, that all reports of investigations that are being made and that have been made to show whether or not the drug is safe for use, and whether the drug is effective in use are furnished upon request to the commissioner;
(2)
A drug sold in this state at any time prior to February 15, 1941, or introduced into interstate commerce at any time prior to the enactment of the federal act; or
(3)
Any drug that is licensed under the Virus-Serum-Toxin Act (
21 U.S.C. § 151
et seq.).
Acts 1941, ch. 120, § 17; C. Supp. 1950, § 6580.17; Acts 1963, ch. 226, § 2; T.C.A. (orig. ed.), § 52-117; Acts 1986, ch. 485, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-111 - Cosmetics deemed adulterated

A cosmetic shall be deemed to be adulterated if:
(1)
It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are customary or usual; provided, that this subdivision (1) shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed on the label: "Caution - This product contains ingredients that may cause skin irritation on certain individuals and a preliminary test according to accompanying direction should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate direction to the preliminary testing. For the purpose of this subdivision (1), hair dye does not include eyelash dye or eyebrow dyes;
(2)
It consists, in whole or in part, of any filthy, putrid or decomposed substance;
(3)
It has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(4)
Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or
(5)
It is not a hair dye and it bears or contains a coal-tar color other than one from a batch that has been certified under the federal act.
Acts 1941, ch. 120, § 18; C. Supp. 1950, § 6580.18; T.C.A. (orig. ed.), § 52-118.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-112 - Cosmetics deemed misbranded

A cosmetic shall be deemed to be misbranded if:
(1)
Its labeling is false or misleading in any particular;
(2)
In package form, unless it bears a label containing:
(A)
The name and place of business of the manufacturer, packer or distributor; and
(B)
An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (2)(B) reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the commissioner;
(3)
Any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(4)
Its container is so made, formed or filled as to be misleading.
Acts 1941, ch. 120, § 19; C. Supp. 1950, § 6580.19; T.C.A. (orig. ed.), § 52-119.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-113 - False advertising

(a)
An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b)
For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholocystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis or infantile paralysis, prostate gland disorder, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease, shall also be deemed to be false; provided, that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection (b) if it is disseminated only to members of the medical, dental, pharmaceutical or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drugs or devices; provided, further, that, whenever the commissioner determines that an advance in medical science has made any type of self-medication safe as to any of the diseases listed in this subsection (b), the commissioner shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to conditions and restrictions that the commissioner may deem necessary in the interests of public health; provided, further, that this subsection (b) shall not be construed as indicating that self-medication for diseases other than those listed is safe or efficacious.
Acts 1941, ch. 120, § 20; C. Supp. 1950, § 6580.20; T.C.A. (orig. ed.), § 52-120.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-114 - Exemptions from labeling requirements

Notwithstanding any law or rule to the contrary, a food item, including, but not limited to, biscuits, sandwiches, salads, slaw, cookies, candy and other desserts, shall be exempt from the labeling requirements of this chapter if the food item is:
(1)
Made on site;
(2)
Sold at retail to consumers on site; and
(3)
Made from products that are commercially available.
Acts 1990, ch. 1054, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-115 - Use of the term "catfish" - Enforcement - Rules and regulations - Violations - Penalties - Hearing

(a)
(1)
The term "catfish" shall not be used as a common name or brand name or used to advertise, distribute, or label any fish or fish product, except for those species within the definition of catfish set out in §
53-1-102
.
(2)
It is a violation of this section to use the term "catfish" in the advertisement, distribution, processing, labeling, or wholesale or retail sale of any of those species within the family of
Siluridae
,
Clariidae
and
Pangasiidaae
or any other species of fish not included within the definition of catfish set out in §
53-1-102
.
(b)
This section shall apply only to the advertisement, distribution, processing, labeling, or wholesale or retail sale of:
(1)
Unprepared or packaged imported catfish and imported catfish products; and
(2)
Unprepared or packaged fish and fish products described in subsection (a).
(c)
The commissioner shall enforce the requirements of this section and is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
(d)
In the event of a violation of this section, the commissioner is authorized to:
(1)
Order the processor, distributor, wholesaler or retailer to cease the distribution or sale of imported catfish or imported catfish products that are not labeled or are labeled in violation of this section;
(2)
Order the processor, distributor, wholesaler or retailer to cease the advertisement, distribution, labeling or sale of all other fish or fish products that are being advertised, distributed, labeled or sold in violation of this section;
(3)
Seek injunctive relief to stop practices that are in violation of this section; and
(4)
Order the processor, distributor, wholesaler or retailer to comply with this section or any rule or regulation promulgated pursuant to this section.
(e)
Any person who violates this section shall be subject to a civil penalty of not more than one thousand dollars ($1,000) for each violation. Each day of continued violation constitutes a separate violation.
(f)
Any person aggrieved by an order or civil penalty imposed by the commissioner shall be entitled to a hearing in accordance with the Uniform Administrative Procedures Act.
Acts 2002, ch. 634, § 2.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-116 - Labeling of imported catfish

Any food service establishment, as defined in §
68-14-302
, that sells imported catfish or imported catfish products, as defined in §
53-1-102
, shall label such catfish or catfish products as "imported" on its menus.
Acts 2010, ch. 1093, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 1 - GENERAL PROVISIONS (§§ 53-1-101 — 53-1-118) › Section 53-1-117 - No criminal or civil liability in the absence of gross negligence or intentional misconduct for feminine hygiene product donation

(a)
The good faith donor of an apparently usable feminine hygiene product to a bona fide charitable or nonprofit organization for free distribution to persons in need of the product is not subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the nature, age, packaging, or condition of an apparently usable feminine hygiene product.
(b)
A bona fide charitable or nonprofit organization that in good faith receives an apparently usable feminine hygiene product and distributes the product to persons in need is not subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the nature, age, packaging, or condition of an apparently usable feminine hygiene product.
(c)
Subsections (a) and (b) do not apply when a good faith donor or bona fide charitable or nonprofit organization's actions constitute gross negligence or intentional misconduct that results in injury or death to a person who uses the apparently usable feminine hygiene product.
(d)
As used in this section:
(1)
"Apparently usable" means that a product meets all quality and labeling standards imposed by federal and state laws and regulations even if the product may not be readily marketable;
(2)
"Bona fide charitable or nonprofit organization" has the same meaning as defined in §
57-4-102
; and
(3)
"Feminine hygiene product":
(A)
Means a product used for a female's menstruation or other genital-tract secretions; and
(B)
Includes tampons and sanitary napkins.
Added by 2021 Tenn. Acts, ch. 207, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 1 - TENNESSEE FOOD, DRUG AND COSMETIC ACT (§§ 53-1-101 — 53-1-304) › Part 2 - ENFORCEMENT (§§ 53-1-201 — 53-1-204) › Section 53-1-202 - Promulgation of rules

The commissioner may promulgate rules for the efficient enforcement of this chapter. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2021 Tenn. Acts, ch. 202, s 1, eff. 4/22/2021.
Acts 1941, ch. 120, § 6; mod. C. Supp. 1950, § 6580.6; Acts 1967, ch. 42, § 3; T.C.A. (orig. ed.), § 52-106.