Tenn. Code Ann. § 33-10-104 — TN Code / Title 33 / Chapter 10 / Section 33-10-104
Powers and duties of department - Abuse prevention pilot programs
Status: in_force

(a) The department, through its commissioner, is vested with all necessary and incidental powers for carrying into effect the purposes and programs set forth in this chapter, including the power to promulgate rules and regulations governing the admission, care and discharge of individuals committed or admitted, or both, for alcohol and drug abuse evaluation or treatment as the commissioner deems necessary or appropriate. (b) (1) It is the duty of the department to formulate and effect a plan for the prevention of alcohol and drug abuse and for the care, treatment and rehabilitation of alcohol and drug dependent persons. (2) In formulating and effecting the plan, the department shall: (A) (i) Furnish such aid to alcohol and drug abusers in such manner as to afford them with the greatest benefit; and (ii) Have the power in this connection to make suitable arrangements with hospitals or clinics that afford them proper treatment, care or rehabilitation; (B) Provide services through existing mental health centers, clinics and other appropriate treatment resources, including state hospitals; (C) Carry on educational and informational programs on alcoholism and drug dependence for the benefit of the general public, consumers, professional persons or others who care for or may be engaged in the delivery of alcohol and drug abuse services; (D) (i) Cooperate with physicians and treatment resources in making arrangements for the treatment and care of indigents; and (ii) Have authority to arrange for payment for hospital care on a cost basis for such individuals; (E) (i) Formulate, undertake and carry out a research and evaluation program on alcoholism and drug dependence; and (ii) Participate in, cooperate with, and assist, as in its discretion shall be deemed advisable, other properly qualified agencies, including any agency of the federal government, schools of medicine and hospitals or clinics, in planning and conducting research on the prevention, care, treatment and rehabilitation of alcohol dependence or drug dependence, or both; (F) Serve as a clearinghouse for information relating to alcohol and drug abuse; (G) Develop, encourage and foster statewide, regional and local plans and programs in the field of alcoholism and drug dependence; (H) Review, comment upon and assist public agencies and local governments with applications for grants or other funds for services for alcohol and drug abusers to be submitted to the federal government; (I) Enlist the assistance of public and voluntary health, education, welfare and rehabilitation agencies in a concerted effort to prevent and treat alcohol and drug abuse and dependence; (J) Encourage the development of rehabilitation projects for industries in the state; and (K) Encourage the development of new treatment facilities. (c) (1) Through direct administration or through contracting with service providers, the department shall establish comprehensive, culturally relevant, drug and alcohol abuse prevention pilot programs. The pilot programs shall be located in those areas of the state that are especially in need of such programs and that will generate sufficient data to thoroughly measure and evaluate the overall efficiency and effectiveness of such programs. The pilot programs shall include, but not necessarily be limited to, the following: (A) Performance of a minority community needs assessment analysis in order to document specific prevention, treatment and health care needs; (B) Identification of high risk groups within the minority community; (C) Arrangement for delivery of needed prevention, treatment and other health care services from among those available to the minority community; (D) Delivery of a limited number of needed prevention, treatment and health care services not readily available to the minority community; (E) Utilization of community volunteers and outreach workers to: (i) Establish rapport; (ii) Provide individual support and encouragement; and (iii) Facilitate networking among social, religious, educational and community agencies and program personnel; (F) Development and implementation of a culturally relevant public awareness campaign specifically designed to target the minority community; and (G) Serve as models for the establishment of similar programs in other parts of the state. (2) Each year, on or before December 31, the department shall report to the governor and to each member of the general assembly concerning implementation of the pilot programs and shall include within the report the findings and recommendations of the department regarding the effectiveness and efficiency of the pilot programs. (3) Implementation of this subsection (c) shall be limited to the level of funding provided for that purpose within the general appropriations act. (d) In formulating a plan for the prevention of alcohol and drug abuse and for the care, treatment and rehabilitation of alcohol and drug dependent persons, the department shall make appropriate provision for ensuring that all state and local programs coordinated by the department pursuant to this section and that are targeted at children and youth shall address, through culturally relevant education activities, the hazards of nicotine abuse. (e) (1) Through grants contracted with community based agencies, the commissioner is authorized to plan, establish and administer pilot projects to develop effective and efficient prevention and treatment services for low-income, pregnant substance abusers. Each of the pilot projects should, to the extent possible within available funding, provide the following: (A) Public information programs culturally appropriate to the target populations, such information programs to include brochures, public service announcements and other creative and effective means of communication; (B) Community outreach, interagency liaison, interagency referral mechanisms and specialized training for maternal and child health providers; (C) Residential beds dedicated exclusively for rehabilitation of low income, pregnant substance abusers; (D) Intensive, outpatient slots dedicated exclusively for treatment of low income, pregnant substance abusers; (E) Family intervention services throughout the term of the pregnancy and during a period of postpartum follow-up; (F) Specialized support services needed to ensure effectiveness of rehabilitation and treatment, including, but not necessarily limited to, transportation services and day care; (G) Enhanced physician oversight of treatment modalities, to be provided at a level prescribed by the commissioner; and (H) Documentation and recordkeeping sufficient to enable the commissioner to objectively and systematically evaluate the effectiveness and efficiency of the various components of the pilot projects. (2) In seeking funding support for the pilot projects, the commissioner is authorized to utilize the resources of the United States alcohol, drug abuse, and mental health administration, the United States office of substance abuse prevention, as well as other public and private funding sources for substance abuse prevention and treatment programs. Implementation of the pilot projects shall be limited to the level of funding and resources obtained and provided for that purpose. (f) (1) Notwithstanding subsection (e), a pregnant woman referred for drug abuse or drug dependence treatment at any treatment resource that receives public funding shall be a priority user of available treatment. All records and reports regarding such pregnant woman shall be kept confidential. The department of mental health and substance abuse services shall ensure that family-oriented drug abuse or drug dependence treatment is available, as appropriations allow. A treatment resource that receives public funds shall not refuse to treat a person solely because the person is pregnant as long as appropriate services are offered by the treatment resource. (2) (A) If during prenatal care, the attending obstetrical provider determines no later than the end of the twentieth week of pregnancy that the patient has used prescription drugs which may place the fetus in jeopardy, and drug abuse or drug dependence treatment is indicated, the provider shall encourage counseling, drug abuse or drug dependence treatment and other assistance to the patient. (B) If the patient initiates drug abuse or drug dependence treatment based upon a clinical assessment prior to her next regularly scheduled prenatal visit and maintains compliance with both drug abuse or drug dependence treatment based on a clinical assessment as well as prenatal care throughout the remaining term of the pregnancy, then the department of children's services shall not file any petition to terminate the mother's parental rights or otherwise seek protection of the newborn solely because of the patient's use of prescription drugs for nonmedical purposes during the term of her pregnancy. (C) Notwithstanding subdivision (f)(2)(B), nothing shall prevent the department of children's services from filing any petition to terminate the mother's parental rights or seek protection of the newborn should the department determine that the newborn's mother, or any other adult caring for the newborn, is unfit to properly care for such child. (3) Any physician or other health care provider who does not recognize that the pregnant woman has used prescription drugs that place the fetus in jeopardy after a reasonable inquiry, or who complies with this subsection (f), or any physician or facility that initiates substance abuse treatment consistent with community standards of care pursuant to this subsection (f), shall be presumed to be acting in good faith and shall have immunity from any civil liability that might otherwise result by reason of such actions. (4) The commissioner of mental health and substance abuse services is authorized to promulgate emergency rules and regulations to effectuate the purposes of this act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2013 Tenn. Acts, ch. 398, s 2, eff. 5/14/2013. Acts 1973, ch. 295, § 4; 1975, ch. 248, § 1; 1981, ch. 224, § 19; T.C.A., § 33-804; Acts 1989, ch. 441, § 1; 1990, ch. 931, § 1; 1990, ch. 966, § 1; 1993, ch. 234, § 3; T.C.A., § 33-8-103 ; Acts 2009 , ch. 186, § 18; T.C.A. § 68-24-104 .
(a) The department, through its commissioner, is vested with all necessary and incidental powers for carrying into effect the purposes and programs set forth in this chapter, including the power to promulgate rules and regulations governing the admission, care and discharge of individuals committed or admitted, or both, for alcohol and drug abuse evaluation or treatment as the commissioner deems necessary or appropriate.
(b) (1) It is the duty of the department to formulate and effect a plan for the prevention of alcohol and drug abuse and for the care, treatment and rehabilitation of alcohol and drug dependent persons. (2) In formulating and effecting the plan, the department shall: (A) (i) Furnish such aid to alcohol and drug abusers in such manner as to afford them with the greatest benefit; and (ii) Have the power in this connection to make suitable arrangements with hospitals or clinics that afford them proper treatment, care or rehabilitation; (B) Provide services through existing mental health centers, clinics and other appropriate treatment resources, including state hospitals; (C) Carry on educational and informational programs on alcoholism and drug dependence for the benefit of the general public, consumers, professional persons or others who care for or may be engaged in the delivery of alcohol and drug abuse services; (D) (i) Cooperate with physicians and treatment resources in making arrangements for the treatment and care of indigents; and (ii) Have authority to arrange for payment for hospital care on a cost basis for such individuals; (E) (i) Formulate, undertake and carry out a research and evaluation program on alcoholism and drug dependence; and (ii) Participate in, cooperate with, and assist, as in its discretion shall be deemed advisable, other properly qualified agencies, including any agency of the federal government, schools of medicine and hospitals or clinics, in planning and conducting research on the prevention, care, treatment and rehabilitation of alcohol dependence or drug dependence, or both; (F) Serve as a clearinghouse for information relating to alcohol and drug abuse; (G) Develop, encourage and foster statewide, regional and local plans and programs in the field of alcoholism and drug dependence; (H) Review, comment upon and assist public agencies and local governments with applications for grants or other funds for services for alcohol and drug abusers to be submitted to the federal government; (I) Enlist the assistance of public and voluntary health, education, welfare and rehabilitation agencies in a concerted effort to prevent and treat alcohol and drug abuse and dependence; (J) Encourage the development of rehabilitation projects for industries in the state; and (K) Encourage the development of new treatment facilities.
(1) It is the duty of the department to formulate and effect a plan for the prevention of alcohol and drug abuse and for the care, treatment and rehabilitation of alcohol and drug dependent persons.
(2) In formulating and effecting the plan, the department shall: (A) (i) Furnish such aid to alcohol and drug abusers in such manner as to afford them with the greatest benefit; and (ii) Have the power in this connection to make suitable arrangements with hospitals or clinics that afford them proper treatment, care or rehabilitation; (B) Provide services through existing mental health centers, clinics and other appropriate treatment resources, including state hospitals; (C) Carry on educational and informational programs on alcoholism and drug dependence for the benefit of the general public, consumers, professional persons or others who care for or may be engaged in the delivery of alcohol and drug abuse services; (D) (i) Cooperate with physicians and treatment resources in making arrangements for the treatment and care of indigents; and (ii) Have authority to arrange for payment for hospital care on a cost basis for such individuals; (E) (i) Formulate, undertake and carry out a research and evaluation program on alcoholism and drug dependence; and (ii) Participate in, cooperate with, and assist, as in its discretion shall be deemed advisable, other properly qualified agencies, including any agency of the federal government, schools of medicine and hospitals or clinics, in planning and conducting research on the prevention, care, treatment and rehabilitation of alcohol dependence or drug dependence, or both; (F) Serve as a clearinghouse for information relating to alcohol and drug abuse; (G) Develop, encourage and foster statewide, regional and local plans and programs in the field of alcoholism and drug dependence; (H) Review, comment upon and assist public agencies and local governments with applications for grants or other funds for services for alcohol and drug abusers to be submitted to the federal government; (I) Enlist the assistance of public and voluntary health, education, welfare and rehabilitation agencies in a concerted effort to prevent and treat alcohol and drug abuse and dependence; (J) Encourage the development of rehabilitation projects for industries in the state; and (K) Encourage the development of new treatment facilities.
(A) (i) Furnish such aid to alcohol and drug abusers in such manner as to afford them with the greatest benefit; and (ii) Have the power in this connection to make suitable arrangements with hospitals or clinics that afford them proper treatment, care or rehabilitation;
(i) Furnish such aid to alcohol and drug abusers in such manner as to afford them with the greatest benefit; and
(ii) Have the power in this connection to make suitable arrangements with hospitals or clinics that afford them proper treatment, care or rehabilitation;
(B) Provide services through existing mental health centers, clinics and other appropriate treatment resources, including state hospitals;
(C) Carry on educational and informational programs on alcoholism and drug dependence for the benefit of the general public, consumers, professional persons or others who care for or may be engaged in the delivery of alcohol and drug abuse services;
(D) (i) Cooperate with physicians and treatment resources in making arrangements for the treatment and care of indigents; and (ii) Have authority to arrange for payment for hospital care on a cost basis for such individuals;
(i) Cooperate with physicians and treatment resources in making arrangements for the treatment and care of indigents; and
(ii) Have authority to arrange for payment for hospital care on a cost basis for such individuals;
(E) (i) Formulate, undertake and carry out a research and evaluation program on alcoholism and drug dependence; and (ii) Participate in, cooperate with, and assist, as in its discretion shall be deemed advisable, other properly qualified agencies, including any agency of the federal government, schools of medicine and hospitals or clinics, in planning and conducting research on the prevention, care, treatment and rehabilitation of alcohol dependence or drug dependence, or both;
(i) Formulate, undertake and carry out a research and evaluation program on alcoholism and drug dependence; and
(ii) Participate in, cooperate with, and assist, as in its discretion shall be deemed advisable, other properly qualified agencies, including any agency of the federal government, schools of medicine and hospitals or clinics, in planning and conducting research on the prevention, care, treatment and rehabilitation of alcohol dependence or drug dependence, or both;
(F) Serve as a clearinghouse for information relating to alcohol and drug abuse;
(G) Develop, encourage and foster statewide, regional and local plans and programs in the field of alcoholism and drug dependence;
(H) Review, comment upon and assist public agencies and local governments with applications for grants or other funds for services for alcohol and drug abusers to be submitted to the federal government;
(I) Enlist the assistance of public and voluntary health, education, welfare and rehabilitation agencies in a concerted effort to prevent and treat alcohol and drug abuse and dependence;
(J) Encourage the development of rehabilitation projects for industries in the state; and
(K) Encourage the development of new treatment facilities.
(c) (1) Through direct administration or through contracting with service providers, the department shall establish comprehensive, culturally relevant, drug and alcohol abuse prevention pilot programs. The pilot programs shall be located in those areas of the state that are especially in need of such programs and that will generate sufficient data to thoroughly measure and evaluate the overall efficiency and effectiveness of such programs. The pilot programs shall include, but not necessarily be limited to, the following: (A) Performance of a minority community needs assessment analysis in order to document specific prevention, treatment and health care needs; (B) Identification of high risk groups within the minority community; (C) Arrangement for delivery of needed prevention, treatment and other health care services from among those available to the minority community; (D) Delivery of a limited number of needed prevention, treatment and health care services not readily available to the minority community; (E) Utilization of community volunteers and outreach workers to: (i) Establish rapport; (ii) Provide individual support and encouragement; and (iii) Facilitate networking among social, religious, educational and community agencies and program personnel; (F) Development and implementation of a culturally relevant public awareness campaign specifically designed to target the minority community; and (G) Serve as models for the establishment of similar programs in other parts of the state. (2) Each year, on or before December 31, the department shall report to the governor and to each member of the general assembly concerning implementation of the pilot programs and shall include within the report the findings and recommendations of the department regarding the effectiveness and efficiency of the pilot programs. (3) Implementation of this subsection (c) shall be limited to the level of funding provided for that purpose within the general appropriations act.
(1) Through direct administration or through contracting with service providers, the department shall establish comprehensive, culturally relevant, drug and alcohol abuse prevention pilot programs. The pilot programs shall be located in those areas of the state that are especially in need of such programs and that will generate sufficient data to thoroughly measure and evaluate the overall efficiency and effectiveness of such programs. The pilot programs shall include, but not necessarily be limited to, the following: (A) Performance of a minority community needs assessment analysis in order to document specific prevention, treatment and health care needs; (B) Identification of high risk groups within the minority community; (C) Arrangement for delivery of needed prevention, treatment and other health care services from among those available to the minority community; (D) Delivery of a limited number of needed prevention, treatment and health care services not readily available to the minority community; (E) Utilization of community volunteers and outreach workers to: (i) Establish rapport; (ii) Provide individual support and encouragement; and (iii) Facilitate networking among social, religious, educational and community agencies and program personnel; (F) Development and implementation of a culturally relevant public awareness campaign specifically designed to target the minority community; and (G) Serve as models for the establishment of similar programs in other parts of the state.
(A) Performance of a minority community needs assessment analysis in order to document specific prevention, treatment and health care needs;
(B) Identification of high risk groups within the minority community;
(C) Arrangement for delivery of needed prevention, treatment and other health care services from among those available to the minority community;
(D) Delivery of a limited number of needed prevention, treatment and health care services not readily available to the minority community;
(E) Utilization of community volunteers and outreach workers to: (i) Establish rapport; (ii) Provide individual support and encouragement; and (iii) Facilitate networking among social, religious, educational and community agencies and program personnel;
(i) Establish rapport;
(ii) Provide individual support and encouragement; and
(iii) Facilitate networking among social, religious, educational and community agencies and program personnel;
(F) Development and implementation of a culturally relevant public awareness campaign specifically designed to target the minority community; and
(G) Serve as models for the establishment of similar programs in other parts of the state.
(2) Each year, on or before December 31, the department shall report to the governor and to each member of the general assembly concerning implementation of the pilot programs and shall include within the report the findings and recommendations of the department regarding the effectiveness and efficiency of the pilot programs.
(3) Implementation of this subsection (c) shall be limited to the level of funding provided for that purpose within the general appropriations act.
(d) In formulating a plan for the prevention of alcohol and drug abuse and for the care, treatment and rehabilitation of alcohol and drug dependent persons, the department shall make appropriate provision for ensuring that all state and local programs coordinated by the department pursuant to this section and that are targeted at children and youth shall address, through culturally relevant education activities, the hazards of nicotine abuse.
(e) (1) Through grants contracted with community based agencies, the commissioner is authorized to plan, establish and administer pilot projects to develop effective and efficient prevention and treatment services for low-income, pregnant substance abusers. Each of the pilot projects should, to the extent possible within available funding, provide the following: (A) Public information programs culturally appropriate to the target populations, such information programs to include brochures, public service announcements and other creative and effective means of communication; (B) Community outreach, interagency liaison, interagency referral mechanisms and specialized training for maternal and child health providers; (C) Residential beds dedicated exclusively for rehabilitation of low income, pregnant substance abusers; (D) Intensive, outpatient slots dedicated exclusively for treatment of low income, pregnant substance abusers; (E) Family intervention services throughout the term of the pregnancy and during a period of postpartum follow-up; (F) Specialized support services needed to ensure effectiveness of rehabilitation and treatment, including, but not necessarily limited to, transportation services and day care; (G) Enhanced physician oversight of treatment modalities, to be provided at a level prescribed by the commissioner; and (H) Documentation and recordkeeping sufficient to enable the commissioner to objectively and systematically evaluate the effectiveness and efficiency of the various components of the pilot projects. (2) In seeking funding support for the pilot projects, the commissioner is authorized to utilize the resources of the United States alcohol, drug abuse, and mental health administration, the United States office of substance abuse prevention, as well as other public and private funding sources for substance abuse prevention and treatment programs. Implementation of the pilot projects shall be limited to the level of funding and resources obtained and provided for that purpose.
(1) Through grants contracted with community based agencies, the commissioner is authorized to plan, establish and administer pilot projects to develop effective and efficient prevention and treatment services for low-income, pregnant substance abusers. Each of the pilot projects should, to the extent possible within available funding, provide the following: (A) Public information programs culturally appropriate to the target populations, such information programs to include brochures, public service announcements and other creative and effective means of communication; (B) Community outreach, interagency liaison, interagency referral mechanisms and specialized training for maternal and child health providers; (C) Residential beds dedicated exclusively for rehabilitation of low income, pregnant substance abusers; (D) Intensive, outpatient slots dedicated exclusively for treatment of low income, pregnant substance abusers; (E) Family intervention services throughout the term of the pregnancy and during a period of postpartum follow-up; (F) Specialized support services needed to ensure effectiveness of rehabilitation and treatment, including, but not necessarily limited to, transportation services and day care; (G) Enhanced physician oversight of treatment modalities, to be provided at a level prescribed by the commissioner; and (H) Documentation and recordkeeping sufficient to enable the commissioner to objectively and systematically evaluate the effectiveness and efficiency of the various components of the pilot projects.
(A) Public information programs culturally appropriate to the target populations, such information programs to include brochures, public service announcements and other creative and effective means of communication;
(B) Community outreach, interagency liaison, interagency referral mechanisms and specialized training for maternal and child health providers;
(C) Residential beds dedicated exclusively for rehabilitation of low income, pregnant substance abusers;
(D) Intensive, outpatient slots dedicated exclusively for treatment of low income, pregnant substance abusers;
(E) Family intervention services throughout the term of the pregnancy and during a period of postpartum follow-up;
(F) Specialized support services needed to ensure effectiveness of rehabilitation and treatment, including, but not necessarily limited to, transportation services and day care;
(G) Enhanced physician oversight of treatment modalities, to be provided at a level prescribed by the commissioner; and
(H) Documentation and recordkeeping sufficient to enable the commissioner to objectively and systematically evaluate the effectiveness and efficiency of the various components of the pilot projects.
(2) In seeking funding support for the pilot projects, the commissioner is authorized to utilize the resources of the United States alcohol, drug abuse, and mental health administration, the United States office of substance abuse prevention, as well as other public and private funding sources for substance abuse prevention and treatment programs. Implementation of the pilot projects shall be limited to the level of funding and resources obtained and provided for that purpose.
(f) (1) Notwithstanding subsection (e), a pregnant woman referred for drug abuse or drug dependence treatment at any treatment resource that receives public funding shall be a priority user of available treatment. All records and reports regarding such pregnant woman shall be kept confidential. The department of mental health and substance abuse services shall ensure that family-oriented drug abuse or drug dependence treatment is available, as appropriations allow. A treatment resource that receives public funds shall not refuse to treat a person solely because the person is pregnant as long as appropriate services are offered by the treatment resource. (2) (A) If during prenatal care, the attending obstetrical provider determines no later than the end of the twentieth week of pregnancy that the patient has used prescription drugs which may place the fetus in jeopardy, and drug abuse or drug dependence treatment is indicated, the provider shall encourage counseling, drug abuse or drug dependence treatment and other assistance to the patient. (B) If the patient initiates drug abuse or drug dependence treatment based upon a clinical assessment prior to her next regularly scheduled prenatal visit and maintains compliance with both drug abuse or drug dependence treatment based on a clinical assessment as well as prenatal care throughout the remaining term of the pregnancy, then the department of children's services shall not file any petition to terminate the mother's parental rights or otherwise seek protection of the newborn solely because of the patient's use of prescription drugs for nonmedical purposes during the term of her pregnancy. (C) Notwithstanding subdivision (f)(2)(B), nothing shall prevent the department of children's services from filing any petition to terminate the mother's parental rights or seek protection of the newborn should the department determine that the newborn's mother, or any other adult caring for the newborn, is unfit to properly care for such child. (3) Any physician or other health care provider who does not recognize that the pregnant woman has used prescription drugs that place the fetus in jeopardy after a reasonable inquiry, or who complies with this subsection (f), or any physician or facility that initiates substance abuse treatment consistent with community standards of care pursuant to this subsection (f), shall be presumed to be acting in good faith and shall have immunity from any civil liability that might otherwise result by reason of such actions. (4) The commissioner of mental health and substance abuse services is authorized to promulgate emergency rules and regulations to effectuate the purposes of this act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Notwithstanding subsection (e), a pregnant woman referred for drug abuse or drug dependence treatment at any treatment resource that receives public funding shall be a priority user of available treatment. All records and reports regarding such pregnant woman shall be kept confidential. The department of mental health and substance abuse services shall ensure that family-oriented drug abuse or drug dependence treatment is available, as appropriations allow. A treatment resource that receives public funds shall not refuse to treat a person solely because the person is pregnant as long as appropriate services are offered by the treatment resource.
(2) (A) If during prenatal care, the attending obstetrical provider determines no later than the end of the twentieth week of pregnancy that the patient has used prescription drugs which may place the fetus in jeopardy, and drug abuse or drug dependence treatment is indicated, the provider shall encourage counseling, drug abuse or drug dependence treatment and other assistance to the patient. (B) If the patient initiates drug abuse or drug dependence treatment based upon a clinical assessment prior to her next regularly scheduled prenatal visit and maintains compliance with both drug abuse or drug dependence treatment based on a clinical assessment as well as prenatal care throughout the remaining term of the pregnancy, then the department of children's services shall not file any petition to terminate the mother's parental rights or otherwise seek protection of the newborn solely because of the patient's use of prescription drugs for nonmedical purposes during the term of her pregnancy. (C) Notwithstanding subdivision (f)(2)(B), nothing shall prevent the department of children's services from filing any petition to terminate the mother's parental rights or seek protection of the newborn should the department determine that the newborn's mother, or any other adult caring for the newborn, is unfit to properly care for such child.
(A) If during prenatal care, the attending obstetrical provider determines no later than the end of the twentieth week of pregnancy that the patient has used prescription drugs which may place the fetus in jeopardy, and drug abuse or drug dependence treatment is indicated, the provider shall encourage counseling, drug abuse or drug dependence treatment and other assistance to the patient.
(B) If the patient initiates drug abuse or drug dependence treatment based upon a clinical assessment prior to her next regularly scheduled prenatal visit and maintains compliance with both drug abuse or drug dependence treatment based on a clinical assessment as well as prenatal care throughout the remaining term of the pregnancy, then the department of children's services shall not file any petition to terminate the mother's parental rights or otherwise seek protection of the newborn solely because of the patient's use of prescription drugs for nonmedical purposes during the term of her pregnancy.
(C) Notwithstanding subdivision (f)(2)(B), nothing shall prevent the department of children's services from filing any petition to terminate the mother's parental rights or seek protection of the newborn should the department determine that the newborn's mother, or any other adult caring for the newborn, is unfit to properly care for such child.
(3) Any physician or other health care provider who does not recognize that the pregnant woman has used prescription drugs that place the fetus in jeopardy after a reasonable inquiry, or who complies with this subsection (f), or any physician or facility that initiates substance abuse treatment consistent with community standards of care pursuant to this subsection (f), shall be presumed to be acting in good faith and shall have immunity from any civil liability that might otherwise result by reason of such actions.
(4) The commissioner of mental health and substance abuse services is authorized to promulgate emergency rules and regulations to effectuate the purposes of this act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2013 Tenn. Acts, ch. 398, s 2, eff. 5/14/2013.
Acts 1973, ch. 295, § 4; 1975, ch. 248, § 1; 1981, ch. 224, § 19; T.C.A., § 33-804; Acts 1989, ch. 441, § 1; 1990, ch. 931, § 1; 1990, ch. 966, § 1; 1993, ch. 234, § 3; T.C.A., § 33-8-103 ; Acts 2009 , ch. 186, § 18; T.C.A. § 68-24-104 .
Tenn. Code Ann. § 33-3-617 — TN Code / Title 33 / Chapter 3 / Section 33-3-617
Requisites for commitment
Status: in_force

IF AND ONLY IF (1) the certificates required by law have been filed with the court showing the need for involuntary care and treatment, AND (2) the court finds on the basis of clear, unequivocal and convincing evidence that the defendant is subject to involuntary care and treatment under the statute under which the commitment is sought, THEN (3) the court shall commit the person under the commitment statute on which the complaint is based. Acts 1983, ch. 323, § 9; T.C.A., § 33-376; Acts 1984, ch. 922, §§ 16, 23; 2000, ch. 947, § 1.
IF AND ONLY IF
(1) the certificates required by law have been filed with the court showing the need for involuntary care and treatment, AND
(2) the court finds on the basis of clear, unequivocal and convincing evidence that the defendant is subject to involuntary care and treatment under the statute under which the commitment is sought, THEN
THEN
(3) the court shall commit the person under the commitment statute on which the complaint is based.
Acts 1983, ch. 323, § 9; T.C.A., § 33-376; Acts 1984, ch. 922, §§ 16, 23; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-612 — TN Code / Title 33 / Chapter 6 / Section 33-6-612
Failure to appear where no affidavit by qualified mental health professional
Status: in_force

IF (1) the qualified mental health professional has not filed an affidavit with the court regarding the person with mental illness or serious emotional disturbance, AND (2) the person does not respond to the order to appear, THEN (3) the court shall order the person taken into custody, AND (4) the officer who serves the order on the person shall take the person to the qualified mental health professional or the professional's appointed substitute. Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(b) ; Acts 2000, ch. 947, § 1.
IF
(1) the qualified mental health professional has not filed an affidavit with the court regarding the person with mental illness or serious emotional disturbance, AND
(2) the person does not respond to the order to appear, THEN
THEN
(3) the court shall order the person taken into custody, AND
(4) the officer who serves the order on the person shall take the person to the qualified mental health professional or the professional's appointed substitute.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(b) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-422 — TN Code / Title 33 / Chapter 2 / Section 33-2-422
Differentiation between licensed physicians based on maintenance of certification
Status: in_force

(a) For purposes of this section: (1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical board certification; and (2) "Organized medical staff" means an organized body composed of individuals appointed by a facility's governing board that operates under bylaws approved by the governing body and is responsible for the quality of medical care provided to patients by the facility. (b) Except as otherwise provided by this section, facilities licensed under this title may only differentiate between licensed physicians based on a physician's maintenance of certification in medical staff privileging and credentialing when authorized through the following process: (1) The voting members of the facility's organized medical staff vote to adopt the differentiation; and (2) The facility's governing body reviews and approves the action of the medical staff. (c) An authorization described by subsection (b) may: (1) Establish terms applicable to the facility's differentiation, including: (A) Appropriate grandfathering provisions; and (B) Limiting the differentiation to certain medical specialties; and (2) Be rescinded at any time when: (A) The voting members of the facility's organized medical staff vote to rescind the differentiating action; and (B) The facility's governing body reviews and approves the rescinding action of the organized medical staff. (d) Nothing in this section restricts a facility's ability to differentiate between physicians in medical staff privileging and credentialing based on a physician's maintenance of certification when: (1) The facility's designation under law or certification or accreditation by a national certifying or accrediting organization is contingent on the facility requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the facility; and (2) The differentiation is limited to those physicians whose maintenance of certification is required for the facility's designation, certification, or accreditation as described by subdivision (d)(1). (e) Nothing in this section requires a facility's organized medical staff or governing body to reconsider or vote to reconsider maintenance of certification differentiation or requirements made prior to July 1, 2018. (f) A facility shall not require a physician to disclose the physician's participation in a physician wellness program, as defined by § 63-1-173 , in order to obtain privileges or credentials at the facility unless otherwise required by a federal condition of participation. Amended by 2024 Tenn. Acts, ch. 924,s 4, eff. 1/1/2025. Acts 2018 , ch. 694, § 1.
(a) For purposes of this section: (1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical board certification; and (2) "Organized medical staff" means an organized body composed of individuals appointed by a facility's governing board that operates under bylaws approved by the governing body and is responsible for the quality of medical care provided to patients by the facility.
(1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical board certification; and
(2) "Organized medical staff" means an organized body composed of individuals appointed by a facility's governing board that operates under bylaws approved by the governing body and is responsible for the quality of medical care provided to patients by the facility.
(b) Except as otherwise provided by this section, facilities licensed under this title may only differentiate between licensed physicians based on a physician's maintenance of certification in medical staff privileging and credentialing when authorized through the following process: (1) The voting members of the facility's organized medical staff vote to adopt the differentiation; and (2) The facility's governing body reviews and approves the action of the medical staff.
(1) The voting members of the facility's organized medical staff vote to adopt the differentiation; and
(2) The facility's governing body reviews and approves the action of the medical staff.
(c) An authorization described by subsection (b) may: (1) Establish terms applicable to the facility's differentiation, including: (A) Appropriate grandfathering provisions; and (B) Limiting the differentiation to certain medical specialties; and (2) Be rescinded at any time when: (A) The voting members of the facility's organized medical staff vote to rescind the differentiating action; and (B) The facility's governing body reviews and approves the rescinding action of the organized medical staff.
(1) Establish terms applicable to the facility's differentiation, including: (A) Appropriate grandfathering provisions; and (B) Limiting the differentiation to certain medical specialties; and
(A) Appropriate grandfathering provisions; and
(B) Limiting the differentiation to certain medical specialties; and
(2) Be rescinded at any time when: (A) The voting members of the facility's organized medical staff vote to rescind the differentiating action; and (B) The facility's governing body reviews and approves the rescinding action of the organized medical staff.
(A) The voting members of the facility's organized medical staff vote to rescind the differentiating action; and
(B) The facility's governing body reviews and approves the rescinding action of the organized medical staff.
(d) Nothing in this section restricts a facility's ability to differentiate between physicians in medical staff privileging and credentialing based on a physician's maintenance of certification when: (1) The facility's designation under law or certification or accreditation by a national certifying or accrediting organization is contingent on the facility requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the facility; and (2) The differentiation is limited to those physicians whose maintenance of certification is required for the facility's designation, certification, or accreditation as described by subdivision (d)(1).
(1) The facility's designation under law or certification or accreditation by a national certifying or accrediting organization is contingent on the facility requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the facility; and
(2) The differentiation is limited to those physicians whose maintenance of certification is required for the facility's designation, certification, or accreditation as described by subdivision (d)(1).
(e) Nothing in this section requires a facility's organized medical staff or governing body to reconsider or vote to reconsider maintenance of certification differentiation or requirements made prior to July 1, 2018.
(f) A facility shall not require a physician to disclose the physician's participation in a physician wellness program, as defined by § 63-1-173 , in order to obtain privileges or credentials at the facility unless otherwise required by a federal condition of participation.
Amended by 2024 Tenn. Acts, ch. 924,s 4, eff. 1/1/2025.
Acts 2018 , ch. 694, § 1.
Tenn. Code Ann. § 33-1-304 — TN Code / Title 33 / Chapter 1 / Section 33-1-304
Duties of commissioner
Status: in_force

The commissioner shall: (1) Based on best practice and research, assess the needs of service recipients and potential service recipients throughout the state, plan for a system to meet the needs, set standards for services and supports for service recipients, promote the development of services and supports for service recipients 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 service recipients with respect to treatment, habilitation and education; (3) Advise the governor, general assembly, state, local, and private agencies, and the public in matters affecting service recipients, and advocate meeting their needs; and (4) Notwithstanding any law to the contrary, assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state. Acts 2000, ch. 947, § 1; 2008, ch. 1062, § 2.
The commissioner shall:
(1) Based on best practice and research, assess the needs of service recipients and potential service recipients throughout the state, plan for a system to meet the needs, set standards for services and supports for service recipients, promote the development of services and supports for service recipients 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 service recipients with respect to treatment, habilitation and education;
(3) Advise the governor, general assembly, state, local, and private agencies, and the public in matters affecting service recipients, and advocate meeting their needs; and
(4) Notwithstanding any law to the contrary, assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state.
Acts 2000, ch. 947, § 1; 2008, ch. 1062, § 2.
Tenn. Code Ann. § 33-2-303 — TN Code / Title 33 / Chapter 2 / Section 33-2-303
Contracting for higher standards authorized
Status: in_force

The department may contract for higher performance standards than the basic quality standards or licensure standards. Acts 2000, ch. 947, § 1.
The department may contract for higher performance standards than the basic quality standards or licensure standards.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-414 — TN Code / Title 33 / Chapter 6 / Section 33-6-414
Detention for twenty-four (24)
Status: in_force

If the judge is not available and all other provisions of this part have been complied with, the admitting facility may hold the defendant for not more than twenty-four (24) hours pending a court order under § 33-6-413 , and the staff may render only necessary emergency treatment. Acts 2000, ch. 947, § 1.
If the judge is not available and all other provisions of this part have been complied with, the admitting facility may hold the defendant for not more than twenty-four (24) hours pending a court order under § 33-6-413 , and the staff may render only necessary emergency treatment.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-206 — TN Code / Title 33 / Chapter 6 / Section 33-6-206
Request for release
Status: in_force

(a) The following persons may at any time request the service recipient's release by filing a written application with the chief officer: (1) An adult service recipient; (2) A service recipient's conservator; (3) A service recipient's attorney in fact under a durable power of attorney for health care; (4) The parent, legal custodian, or legal guardian who applied for the admission of a child; (5) A child who is sixteen (16) years of age or over and who was admitted on the child's own application; (6) A caregiver under title 34, chapter 6, part 3, who is acting on behalf of a child; or (7) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or a person's surrogate as designated under title 68, chapter 11, part 18. (b) If a competent service recipient cannot file a written request, a person acting on the service recipient's behalf may file the request with the service recipient's consent. Amended by 2013 Tenn. Acts, ch. 238,s 2, eff. 7/1/2013. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 36; 2004, ch. 565, § 5.
(a) The following persons may at any time request the service recipient's release by filing a written application with the chief officer: (1) An adult service recipient; (2) A service recipient's conservator; (3) A service recipient's attorney in fact under a durable power of attorney for health care; (4) The parent, legal custodian, or legal guardian who applied for the admission of a child; (5) A child who is sixteen (16) years of age or over and who was admitted on the child's own application; (6) A caregiver under title 34, chapter 6, part 3, who is acting on behalf of a child; or (7) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or a person's surrogate as designated under title 68, chapter 11, part 18.
(1) An adult service recipient;
(2) A service recipient's conservator;
(3) A service recipient's attorney in fact under a durable power of attorney for health care;
(4) The parent, legal custodian, or legal guardian who applied for the admission of a child;
(5) A child who is sixteen (16) years of age or over and who was admitted on the child's own application;
(6) A caregiver under title 34, chapter 6, part 3, who is acting on behalf of a child; or
(7) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or a person's surrogate as designated under title 68, chapter 11, part 18.
(b) If a competent service recipient cannot file a written request, a person acting on the service recipient's behalf may file the request with the service recipient's consent.
Amended by 2013 Tenn. Acts, ch. 238,s 2, eff. 7/1/2013.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 36; 2004, ch. 565, § 5.
Tenn. Code Ann. § 33-11-103 — TN Code / Title 33 / Chapter 11 / Section 33-11-103
Tennessee opioid abatement council
Status: in_force

(a) There is created the Tennessee opioid abatement council. (b) The council is composed of fifteen (15) voting members and one nonvoting ex-officio member. The commissioner or the commissioner's designee shall serve as the nonvoting ex-officio member. Voting members must be residents of this state and have expertise and a minimum of ten (10) years of experience in public health policy, medicine, substance use disorder and addiction treatment, mental health services, drug misuse prevention programs, or drug court diversion or other programs in which people with substance use disorders interact with first responders, law enforcement, or the criminal justice system. A member shall not serve more than two (2) terms consecutively but may be reappointed to the council after not serving as a member for two (2) or more years. (c) The council shall be appointed as follows: (1) The governor shall appoint four (4) members, including the chair; (2) The speaker of the senate shall appoint four (4) members; (3) The speaker of the house of representatives shall appoint four (4) members; (4) The Tennessee County Services Association shall appoint two (2) members; and (5) The Tennessee Municipal League shall appoint (1) member. (d) Upon creation of the council, the members appointed in subdivisions (c)(2) and (3) shall serve an initial four-year term and the members appointed in subdivisions (c)(4) and (5) shall serve an initial five-year term to enable the staggering of terms. (e) With the exception of the initial terms established in subsection (d), each appointed member of the council shall serve a three-year term, with terms ending on June 30 of each year. The beginning of an initial term shall be deemed to be July 1 of the calendar year in which the appointment occurs, regardless of whether the actual appointment date occurs before or after July 1 of that year. (f) The respective appointing authority may remove a member for failure to attend at least one-half (½) of the scheduled meetings in any one-year period or for other cause. (g) If a vacancy on the council occurs, the respective appointing authority shall fill the vacancy for the unexpired term. Notwithstanding the expiration of a member's term, each member shall serve until a successor is duly appointed. (h) (1) The members shall serve without compensation, but each member shall be entitled to reimbursement for the member's actual and necessary expenses incurred in the performance of the member's official duties. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration. (3) All actual and necessary expenses incurred in the performance of members' official duties shall be paid from the opioid abatement fund and not the general fund. (i) The council shall meet at the call of the chair and not less than four (4) times per year. The meeting location shall rotate among locations in each of the three (3) grand divisions. Members may attend meetings in person or remotely by audiovisual means, as provided in § 8-44-108 . (j) Meetings of the council must comply with the open meeting requirements of title 8, chapter 44. Notwithstanding the open meeting requirements of title 8, chapter 44, the council is permitted to meet in a closed executive session for the purpose of obtaining advice from counsel and discussing personnel-related issues in addition to any other purposes allowed by title 8, chapter 44. (k) Records of the council are deemed to be public records for purposes of the open records law, compiled in title 10, chapter 7, subject to the confidentiality provisions of § 10-7-504 and other laws or doctrines. (l) The annual report, financial statements, all books, accounts, and financial records of the council shall be subject to annual audit by the comptroller of the treasury. Any monies distributed to local governments from the fund shall also be subject to audit by the comptroller of the treasury. (m) Written minutes covering all meetings and actions of the council shall be prepared by the director and shall be maintained by the department and open to public inspection. (n) The council will terminate if all opioid abatement monies being paid pursuant to existing settlements, judgments, or court orders have been received and disbursed unless the attorney general and reporter certifies that additional funds are anticipated within one (1) year. (o) The council shall not be subject to the contested case procedures set forth in title 4, chapter 5, part 3. If a court has entered a consent judgment agreed to by the state through the approval of the attorney general and reporter that incorporates a statewide opioid settlement agreement or a state-subdivision opioid abatement agreement, and such an agreement provides for the court in which the consent judgment was filed to determine particular disputes, the court that entered the consent judgment shall have exclusive jurisdiction over such disputes. Otherwise actions to disburse funds are final. (p) For proceeds received from a statewide opioid settlement agreement with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Allergan Finance, LLC, CVS Health Corporation, Teva Pharmaceutical Industries Ltd., Walgreen Co., Walmart Inc., K-VA-T Food Stores, Inc., or The Kroger Co. or affiliates or subsidiaries of these entities that are deposited in the opioid abatement fund, the council shall disburse thirty-five percent (35%) of these proceeds to counties that join the settlement. The council shall disburse these proceeds to counties subject of subsections (q)-(s). The council shall disburse the remaining sixty-five percent (65%) of such proceeds for statewide, regional, or local opioid abatement and remediation purposes pursuant to § 33-11-105 . (q) Proceeds disbursed to counties under subsection (p) shall be allocated according to data measuring the impact of the opioid crisis at the county level. The allocation may be set in a state-subdivision opioid abatement agreement. If there is no agreement, the council will determine the allocation using population to determine half of the allocation and state data on opioid sales measured by morphine milligram equivalents, fatal overdoses, and non-fatal overdoses to determine the other half of the allocation. The council will use aggregate data for at least three (3) years and will update the data every four (4) years. If any of these sets of data are not available, the council may use the remaining data sets or substitute another set of data that reflects the impact of the opioid crisis. (r) Funds allocated to a county pursuant to subsection (p) are subject to subsection (s) and must be spent on opioid abatement and remediation purposes that are: (1) Specifically approved by the council; or (2) Included on a council list of approved programs. (s) The council: (1) Shall create a list of approved programs for opioid abatement and remediation for use by the council, the state, or local governments; (2) Shall create a certification process through which government entities verify the use of funds for programs on the council's list of approved programs; (3) Has the authority to create an application and certification process for counties applying for funds toward programs not on the council's list of approved programs; (4) Has the authority to develop rules and time limitations for use of medication assisted therapies in treating opioid addiction that are paid for through the opioid treatment fund; and (5) Has the authority to create a timeline for monies paid to the counties to revert back to the opioid treatment fund if they are not used within a certain period by a county. Amended by 2024 Tenn. Acts, ch. 568,s 2, eff. 3/15/2024. Amended by 2023 Tenn. Acts, ch. 429, s 2, eff. 5/11/2023. Acts 2021 , ch. 491, § 6.
(a) There is created the Tennessee opioid abatement council.
(b) The council is composed of fifteen (15) voting members and one nonvoting ex-officio member. The commissioner or the commissioner's designee shall serve as the nonvoting ex-officio member. Voting members must be residents of this state and have expertise and a minimum of ten (10) years of experience in public health policy, medicine, substance use disorder and addiction treatment, mental health services, drug misuse prevention programs, or drug court diversion or other programs in which people with substance use disorders interact with first responders, law enforcement, or the criminal justice system. A member shall not serve more than two (2) terms consecutively but may be reappointed to the council after not serving as a member for two (2) or more years.
(c) The council shall be appointed as follows: (1) The governor shall appoint four (4) members, including the chair; (2) The speaker of the senate shall appoint four (4) members; (3) The speaker of the house of representatives shall appoint four (4) members; (4) The Tennessee County Services Association shall appoint two (2) members; and (5) The Tennessee Municipal League shall appoint (1) member.
(1) The governor shall appoint four (4) members, including the chair;
(2) The speaker of the senate shall appoint four (4) members;
(3) The speaker of the house of representatives shall appoint four (4) members;
(4) The Tennessee County Services Association shall appoint two (2) members; and
(5) The Tennessee Municipal League shall appoint (1) member.
(d) Upon creation of the council, the members appointed in subdivisions (c)(2) and (3) shall serve an initial four-year term and the members appointed in subdivisions (c)(4) and (5) shall serve an initial five-year term to enable the staggering of terms.
(e) With the exception of the initial terms established in subsection (d), each appointed member of the council shall serve a three-year term, with terms ending on June 30 of each year. The beginning of an initial term shall be deemed to be July 1 of the calendar year in which the appointment occurs, regardless of whether the actual appointment date occurs before or after July 1 of that year.
(f) The respective appointing authority may remove a member for failure to attend at least one-half (½) of the scheduled meetings in any one-year period or for other cause.
(g) If a vacancy on the council occurs, the respective appointing authority shall fill the vacancy for the unexpired term. Notwithstanding the expiration of a member's term, each member shall serve until a successor is duly appointed.
(h) (1) The members shall serve without compensation, but each member shall be entitled to reimbursement for the member's actual and necessary expenses incurred in the performance of the member's official duties. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration. (3) All actual and necessary expenses incurred in the performance of members' official duties shall be paid from the opioid abatement fund and not the general fund.
(1) The members shall serve without compensation, but each member shall be entitled to reimbursement for the member's actual and necessary expenses incurred in the performance of the member's official duties.
(2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration.
(3) All actual and necessary expenses incurred in the performance of members' official duties shall be paid from the opioid abatement fund and not the general fund.
(i) The council shall meet at the call of the chair and not less than four (4) times per year. The meeting location shall rotate among locations in each of the three (3) grand divisions. Members may attend meetings in person or remotely by audiovisual means, as provided in § 8-44-108 .
(j) Meetings of the council must comply with the open meeting requirements of title 8, chapter 44. Notwithstanding the open meeting requirements of title 8, chapter 44, the council is permitted to meet in a closed executive session for the purpose of obtaining advice from counsel and discussing personnel-related issues in addition to any other purposes allowed by title 8, chapter 44.
(k) Records of the council are deemed to be public records for purposes of the open records law, compiled in title 10, chapter 7, subject to the confidentiality provisions of § 10-7-504 and other laws or doctrines.
(l) The annual report, financial statements, all books, accounts, and financial records of the council shall be subject to annual audit by the comptroller of the treasury. Any monies distributed to local governments from the fund shall also be subject to audit by the comptroller of the treasury.
(m) Written minutes covering all meetings and actions of the council shall be prepared by the director and shall be maintained by the department and open to public inspection.
(n) The council will terminate if all opioid abatement monies being paid pursuant to existing settlements, judgments, or court orders have been received and disbursed unless the attorney general and reporter certifies that additional funds are anticipated within one (1) year.
(o) The council shall not be subject to the contested case procedures set forth in title 4, chapter 5, part 3. If a court has entered a consent judgment agreed to by the state through the approval of the attorney general and reporter that incorporates a statewide opioid settlement agreement or a state-subdivision opioid abatement agreement, and such an agreement provides for the court in which the consent judgment was filed to determine particular disputes, the court that entered the consent judgment shall have exclusive jurisdiction over such disputes. Otherwise actions to disburse funds are final.
(p) For proceeds received from a statewide opioid settlement agreement with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Allergan Finance, LLC, CVS Health Corporation, Teva Pharmaceutical Industries Ltd., Walgreen Co., Walmart Inc., K-VA-T Food Stores, Inc., or The Kroger Co. or affiliates or subsidiaries of these entities that are deposited in the opioid abatement fund, the council shall disburse thirty-five percent (35%) of these proceeds to counties that join the settlement. The council shall disburse these proceeds to counties subject of subsections (q)-(s). The council shall disburse the remaining sixty-five percent (65%) of such proceeds for statewide, regional, or local opioid abatement and remediation purposes pursuant to § 33-11-105 .
(q) Proceeds disbursed to counties under subsection (p) shall be allocated according to data measuring the impact of the opioid crisis at the county level. The allocation may be set in a state-subdivision opioid abatement agreement. If there is no agreement, the council will determine the allocation using population to determine half of the allocation and state data on opioid sales measured by morphine milligram equivalents, fatal overdoses, and non-fatal overdoses to determine the other half of the allocation. The council will use aggregate data for at least three (3) years and will update the data every four (4) years. If any of these sets of data are not available, the council may use the remaining data sets or substitute another set of data that reflects the impact of the opioid crisis.
(r) Funds allocated to a county pursuant to subsection (p) are subject to subsection (s) and must be spent on opioid abatement and remediation purposes that are: (1) Specifically approved by the council; or (2) Included on a council list of approved programs.
(1) Specifically approved by the council; or
(2) Included on a council list of approved programs.
(s) The council: (1) Shall create a list of approved programs for opioid abatement and remediation for use by the council, the state, or local governments; (2) Shall create a certification process through which government entities verify the use of funds for programs on the council's list of approved programs; (3) Has the authority to create an application and certification process for counties applying for funds toward programs not on the council's list of approved programs; (4) Has the authority to develop rules and time limitations for use of medication assisted therapies in treating opioid addiction that are paid for through the opioid treatment fund; and (5) Has the authority to create a timeline for monies paid to the counties to revert back to the opioid treatment fund if they are not used within a certain period by a county.
(1) Shall create a list of approved programs for opioid abatement and remediation for use by the council, the state, or local governments;
(2) Shall create a certification process through which government entities verify the use of funds for programs on the council's list of approved programs;
(3) Has the authority to create an application and certification process for counties applying for funds toward programs not on the council's list of approved programs;
(4) Has the authority to develop rules and time limitations for use of medication assisted therapies in treating opioid addiction that are paid for through the opioid treatment fund; and
(5) Has the authority to create a timeline for monies paid to the counties to revert back to the opioid treatment fund if they are not used within a certain period by a county.
Amended by 2024 Tenn. Acts, ch. 568,s 2, eff. 3/15/2024.
Amended by 2023 Tenn. Acts, ch. 429, s 2, eff. 5/11/2023.
Acts 2021 , ch. 491, § 6.
Tenn. Code Ann. § 33-2-1106 — TN Code / Title 33 / Chapter 2 / Section 33-2-1106
Person receiving services under court order
Status: in_force

If a service recipient obtains services and supports under a court order from a program operated by the department, the department may demand any of the service recipient's money that is in the custody of the court and credit it to the service recipient's account. Acts 1983, ch. 323, § 32; 1996, ch. 795, § 6; T.C.A., § 33-4-108 ; Acts 2000, ch. 947, § 1.
If a service recipient obtains services and supports under a court order from a program operated by the department, the department may demand any of the service recipient's money that is in the custody of the court and credit it to the service recipient's account.
Acts 1983, ch. 323, § 32; 1996, ch. 795, § 6; T.C.A., § 33-4-108 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-901 — TN Code / Title 33 / Chapter 2 / Section 33-2-901
Creation of boards - Members - Appointment - Expenses - Meetings - Term of office
Status: in_force

(a) In order to coordinate the activities of the department's facilities, to advise the chief officer at each facility, and to better acquaint the public with the needs and activities of the facility, there shall be boards of trustees for each facility to be composed of fifteen (15) members each. (b) (1) The commissioner, the appropriate assistant commissioner, and the chief officer at each facility shall be ex officio members of each board of trustees. (2) The fifteen (15) members shall be appointed by the commissioner, and all shall reside in the area served by the facility. (3) State officials are eligible for appointment by the commissioner, but not more than three (3) state officials shall be appointed members of the board at the same time. For purposes of this subdivision (b)(3), "state official" means an individual elected to a state legislative, executive, or judicial office or an employee of the department. (c) The chair and the vice chair of each board shall be designated by the commissioner. (d) The members of each board shall receive no compensation but shall receive their actual traveling expenses for attendance upon meetings of the boards. All reimbursement for travel expenses shall be in conformity with the comprehensive travel rules. (e) The chief officer of each facility shall serve as secretary for the respective boards. (f) The board shall meet at least annually at a place to be designated by the chair and may meet more often upon call of the chair, or a majority of the members. (g) The term of board members shall be three (3) years. Terms shall be staggered so that five (5) terms expire each year. The terms of members begin on July 1 next following the appointments. Subsequent appointments shall be made for a period of three (3) years, except that vacancies shall be filled by appointment by the commissioner for the unexpired term only. A member may serve no more than two (2) consecutive full terms. (h) Members may be removed upon their failure to attend at least one-half (½) of the scheduled meetings in any one-year period, or for good cause. Amended by 2021 Tenn. Acts, ch. 62, s 1, eff. 3/29/2021. Acts 1965, ch. 82, § 8; 1973, ch. 341, §§ 3, 4; 1974, ch. 802, § 8; 1975, ch. 248, §§ 1, 3; 1976, ch. 806, § 1(35); 1978, ch. 617, § 2; 1979, ch. 369, § 1; 1981, ch. 98, § 5; T.C.A., §§ 33-201, 33-2-201; Acts 2000, ch. 947, §§ 1, 6.
(a) In order to coordinate the activities of the department's facilities, to advise the chief officer at each facility, and to better acquaint the public with the needs and activities of the facility, there shall be boards of trustees for each facility to be composed of fifteen (15) members each.
(b) (1) The commissioner, the appropriate assistant commissioner, and the chief officer at each facility shall be ex officio members of each board of trustees. (2) The fifteen (15) members shall be appointed by the commissioner, and all shall reside in the area served by the facility. (3) State officials are eligible for appointment by the commissioner, but not more than three (3) state officials shall be appointed members of the board at the same time. For purposes of this subdivision (b)(3), "state official" means an individual elected to a state legislative, executive, or judicial office or an employee of the department.
(1) The commissioner, the appropriate assistant commissioner, and the chief officer at each facility shall be ex officio members of each board of trustees.
(2) The fifteen (15) members shall be appointed by the commissioner, and all shall reside in the area served by the facility.
(3) State officials are eligible for appointment by the commissioner, but not more than three (3) state officials shall be appointed members of the board at the same time. For purposes of this subdivision (b)(3), "state official" means an individual elected to a state legislative, executive, or judicial office or an employee of the department.
(c) The chair and the vice chair of each board shall be designated by the commissioner.
(d) The members of each board shall receive no compensation but shall receive their actual traveling expenses for attendance upon meetings of the boards. All reimbursement for travel expenses shall be in conformity with the comprehensive travel rules.
(e) The chief officer of each facility shall serve as secretary for the respective boards.
(f) The board shall meet at least annually at a place to be designated by the chair and may meet more often upon call of the chair, or a majority of the members.
(g) The term of board members shall be three (3) years. Terms shall be staggered so that five (5) terms expire each year. The terms of members begin on July 1 next following the appointments. Subsequent appointments shall be made for a period of three (3) years, except that vacancies shall be filled by appointment by the commissioner for the unexpired term only. A member may serve no more than two (2) consecutive full terms.
(h) Members may be removed upon their failure to attend at least one-half (½) of the scheduled meetings in any one-year period, or for good cause.
Amended by 2021 Tenn. Acts, ch. 62, s 1, eff. 3/29/2021.
Acts 1965, ch. 82, § 8; 1973, ch. 341, §§ 3, 4; 1974, ch. 802, § 8; 1975, ch. 248, §§ 1, 3; 1976, ch. 806, § 1(35); 1978, ch. 617, § 2; 1979, ch. 369, § 1; 1981, ch. 98, § 5; T.C.A., §§ 33-201, 33-2-201; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-6-604 — TN Code / Title 33 / Chapter 6 / Section 33-6-604
Review of plan
Status: in_force

IF (1) the person requests judicial review of the treatment plan within forty-eight (48) hours after being advised of the person's eligibility for release under it, THEN (2) the hospital shall notify the court where the hospital is located that has the same jurisdiction as the committing court that the person is eligible for discharge, subject to the obligation to participate in outpatient treatment under the plan agreed to by the releasing facility and the outpatient qualified mental health professional, AND (3) the court shall hold a hearing within seven (7) days of receipt of the request to determine whether the treatment plan is medically appropriate and legally permissible, AND (4) the court shall either approve the plan or approve the plan as modified by the releasing facility and the outpatient qualified mental health professional to correct deficiencies found by the court. Acts 1982, ch. 862, § 4; 1983, ch. 323, §§ 19, 20, 22; T.C.A., § 33-615; Acts 1984, ch. 922, §§ 24, 25; 1985, ch. 437, § 21; T.C.A., § 33-6-201(c) ; Acts 2000, ch. 947, § 1.
IF
(1) the person requests judicial review of the treatment plan within forty-eight (48) hours after being advised of the person's eligibility for release under it, THEN
THEN
(2) the hospital shall notify the court where the hospital is located that has the same jurisdiction as the committing court that the person is eligible for discharge, subject to the obligation to participate in outpatient treatment under the plan agreed to by the releasing facility and the outpatient qualified mental health professional, AND
(3) the court shall hold a hearing within seven (7) days of receipt of the request to determine whether the treatment plan is medically appropriate and legally permissible, AND
(4) the court shall either approve the plan or approve the plan as modified by the releasing facility and the outpatient qualified mental health professional to correct deficiencies found by the court.
Acts 1982, ch. 862, § 4; 1983, ch. 323, §§ 19, 20, 22; T.C.A., § 33-615; Acts 1984, ch. 922, §§ 24, 25; 1985, ch. 437, § 21; T.C.A., § 33-6-201(c) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-204 — TN Code / Title 33 / Chapter 1 / Section 33-1-204
Unnecessary entitlements not created
Status: in_force

(a) This title shall not create entitlement to services and supports from the state except to the extent that services and supports are necessarily attached to deprivation of liberty by placement in facilities operated by the department. Implementation of any service or support at state expense under this title is subject to the availability of funds appropriated for that purpose in the general appropriations act. (b) [Deleted by 2024 amendment.] Amended by 2024 Tenn. Acts, ch. 688,s 14, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2010 , ch. 1100, § 28.
(a) This title shall not create entitlement to services and supports from the state except to the extent that services and supports are necessarily attached to deprivation of liberty by placement in facilities operated by the department. Implementation of any service or support at state expense under this title is subject to the availability of funds appropriated for that purpose in the general appropriations act.
(b) [Deleted by 2024 amendment.]
Amended by 2024 Tenn. Acts, ch. 688,s 14, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2010 , ch. 1100, § 28.
Tenn. Code Ann. § 33-4-105 — TN Code / Title 33 / Chapter 4 / Section 33-4-105
Written statement of release procedures and other rights
Status: in_force

(a) Upon admission of a person with mental illness or serious emotional disturbance to a hospital or residential service, the chief officer shall provide the person a written statement outlining in simple, nontechnical language all release procedures and all other rights of persons under this title. The chief officer shall have the service recipient informed in language understood by the service recipient, including the service recipient's native language or sign language, if appropriate. The chief officer also shall provide the written statement to the person's parent, legal guardian, legal custodian, conservator, spouse or other nearest known adult relative. The chief officer shall provide reasonable means and arrangements for assisting the person in making and presenting requests for release, including petitions to the proper court. (b) The service recipient shall sign on the line for signature to acknowledge having been informed of the service recipient's rights orally and in writing. The service recipient's signature shall be acknowledged in writing by at least one (1) disinterested witness. Amended by 2024 Tenn. Acts, ch. 688,s 87, eff. 7/1/2024. Acts 1965, ch. 38, § 5; 1974, ch. 802, § 19; 1975, ch. 248, §§ 1, 5; 1977, ch. 482, § 11; 1978, ch. 533, § 3; 1983, ch. 323, § 7; T.C.A., § 33-306; Acts 1984, ch. 922, § 3; 1985, ch. 437, §§ 6-8, 33; 1986, ch. 570, § 3; 1989, ch. 513, § 2; 1989, ch. 591, § 113; 1993, ch. 439, § 1; 1994, ch. 630, §§ 1, 2; 1995, ch. 411, § 1; 1996, ch. 675, § 15; 1996, ch. 1079, §§ 31-33; T.C.A., §§ 33-3-104(8) , 33-3-111; Acts 2000, ch. 947, §§ 1, 6.
(a) Upon admission of a person with mental illness or serious emotional disturbance to a hospital or residential service, the chief officer shall provide the person a written statement outlining in simple, nontechnical language all release procedures and all other rights of persons under this title. The chief officer shall have the service recipient informed in language understood by the service recipient, including the service recipient's native language or sign language, if appropriate. The chief officer also shall provide the written statement to the person's parent, legal guardian, legal custodian, conservator, spouse or other nearest known adult relative. The chief officer shall provide reasonable means and arrangements for assisting the person in making and presenting requests for release, including petitions to the proper court.
(b) The service recipient shall sign on the line for signature to acknowledge having been informed of the service recipient's rights orally and in writing. The service recipient's signature shall be acknowledged in writing by at least one (1) disinterested witness.
Amended by 2024 Tenn. Acts, ch. 688,s 87, eff. 7/1/2024.
Acts 1965, ch. 38, § 5; 1974, ch. 802, § 19; 1975, ch. 248, §§ 1, 5; 1977, ch. 482, § 11; 1978, ch. 533, § 3; 1983, ch. 323, § 7; T.C.A., § 33-306; Acts 1984, ch. 922, § 3; 1985, ch. 437, §§ 6-8, 33; 1986, ch. 570, § 3; 1989, ch. 513, § 2; 1989, ch. 591, § 113; 1993, ch. 439, § 1; 1994, ch. 630, §§ 1, 2; 1995, ch. 411, § 1; 1996, ch. 675, § 15; 1996, ch. 1079, §§ 31-33; T.C.A., §§ 33-3-104(8) , 33-3-111; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-2-407 — TN Code / Title 33 / Chapter 2 / Section 33-2-407
Suspension or revocation of license - Civil penalties
Status: in_force

(a) The department may suspend or revoke a license on the following grounds: (1) A violation of this title or rules adopted under this title; (2) Permitting, aiding or abetting the commission of any illegal act during a licensed service or in a licensed facility; (3) Conduct or practice found by the department to be detrimental to the welfare of the service recipients of a licensed service or facility; or (4) Abuse, misappropriation of property or neglect. (b) The department may impose a civil penalty on a licensee for a violation of this title or a department rule. Each day of a violation constitutes a separate violation. The department shall establish by rule a schedule designating the minimum and maximum civil penalties within the ranges set in § 33-2-409 that may be assessed under this part for violation of each statute and rule that is subject to violation. The department may exclude a statute or rule from the schedule if it determines that a civil penalty for violation of that statute or rule would not achieve the purposes of licensure. If the department has not adopted a rule designating the minimum and maximum civil penalty that may be assessed for violation of a statute or rule, the maximum civil penalty that may be imposed for violation of that statute or rule shall be the lowest figure set under the appropriate subsection of § 33-2-409 that applies to the violation. (c) (1) The procedure governing the suspension or revocation of a license or imposition of a civil penalty shall be as prescribed in this subsection (c). (2) A complaint shall be filed by the department stating facts constituting a ground or grounds for the proposed action. (3) If the department determines that a license should be suspended or revoked, a civil penalty imposed, or both, it shall so notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for review by the panel appointed under § 33-2-403(d) . The review shall be at the earliest possible date, and the panel shall report its recommendations to the commissioner. The commissioner shall determine whether the original action shall remain effective and shall notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for a hearing before the department. The hearing shall be conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (4) The department may determine after the hearing that the license be suspended or revoked, that a civil penalty be imposed, or that no action be taken. (5) If the department determines that a license should be suspended, the department may also set the conditions to be met by the licensee during the period of suspension to entitle the licensee to resume operation of the service or facility. (6) If the department determines that a license should be suspended or revoked, a civil penalty should be imposed, or both, the department shall enter an order stating the grounds for the action. (7) The department may, after a hearing, hold a case under consideration and specify requirements to be met by a licensee to avoid either suspension, revocation, or civil penalty. In those cases, the department shall enter an order accordingly and notify the licensee by certified mail. If the licensee complies with the order and proves that fact to the satisfaction of the department, the department shall enter an order showing satisfactory compliance and dismiss the case because of compliance. (d) If a civil penalty lawfully imposed under this part is not paid, the penalty shall be recoverable in the name of the state by the attorney general and reporter in the chancery court of Davidson County or by legal counsel for the department in the chancery court of the county in which all or part of the violation occurred. Acts 1978, ch. 853, § 7; 1981, ch. 436, § 4; T.C.A., § 33-1807; Acts 1989, ch. 559, § 3; T.C.A., § 33-2-507; Acts 2000, ch. 947, § 1; 2003, ch. 103, § 2.
(a) The department may suspend or revoke a license on the following grounds: (1) A violation of this title or rules adopted under this title; (2) Permitting, aiding or abetting the commission of any illegal act during a licensed service or in a licensed facility; (3) Conduct or practice found by the department to be detrimental to the welfare of the service recipients of a licensed service or facility; or (4) Abuse, misappropriation of property or neglect.
(1) A violation of this title or rules adopted under this title;
(2) Permitting, aiding or abetting the commission of any illegal act during a licensed service or in a licensed facility;
(3) Conduct or practice found by the department to be detrimental to the welfare of the service recipients of a licensed service or facility; or
(4) Abuse, misappropriation of property or neglect.
(b) The department may impose a civil penalty on a licensee for a violation of this title or a department rule. Each day of a violation constitutes a separate violation. The department shall establish by rule a schedule designating the minimum and maximum civil penalties within the ranges set in § 33-2-409 that may be assessed under this part for violation of each statute and rule that is subject to violation. The department may exclude a statute or rule from the schedule if it determines that a civil penalty for violation of that statute or rule would not achieve the purposes of licensure. If the department has not adopted a rule designating the minimum and maximum civil penalty that may be assessed for violation of a statute or rule, the maximum civil penalty that may be imposed for violation of that statute or rule shall be the lowest figure set under the appropriate subsection of § 33-2-409 that applies to the violation.
(c) (1) The procedure governing the suspension or revocation of a license or imposition of a civil penalty shall be as prescribed in this subsection (c). (2) A complaint shall be filed by the department stating facts constituting a ground or grounds for the proposed action. (3) If the department determines that a license should be suspended or revoked, a civil penalty imposed, or both, it shall so notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for review by the panel appointed under § 33-2-403(d) . The review shall be at the earliest possible date, and the panel shall report its recommendations to the commissioner. The commissioner shall determine whether the original action shall remain effective and shall notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for a hearing before the department. The hearing shall be conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (4) The department may determine after the hearing that the license be suspended or revoked, that a civil penalty be imposed, or that no action be taken. (5) If the department determines that a license should be suspended, the department may also set the conditions to be met by the licensee during the period of suspension to entitle the licensee to resume operation of the service or facility. (6) If the department determines that a license should be suspended or revoked, a civil penalty should be imposed, or both, the department shall enter an order stating the grounds for the action. (7) The department may, after a hearing, hold a case under consideration and specify requirements to be met by a licensee to avoid either suspension, revocation, or civil penalty. In those cases, the department shall enter an order accordingly and notify the licensee by certified mail. If the licensee complies with the order and proves that fact to the satisfaction of the department, the department shall enter an order showing satisfactory compliance and dismiss the case because of compliance.
(1) The procedure governing the suspension or revocation of a license or imposition of a civil penalty shall be as prescribed in this subsection (c).
(2) A complaint shall be filed by the department stating facts constituting a ground or grounds for the proposed action.
(3) If the department determines that a license should be suspended or revoked, a civil penalty imposed, or both, it shall so notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for review by the panel appointed under § 33-2-403(d) . The review shall be at the earliest possible date, and the panel shall report its recommendations to the commissioner. The commissioner shall determine whether the original action shall remain effective and shall notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for a hearing before the department. The hearing shall be conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(4) The department may determine after the hearing that the license be suspended or revoked, that a civil penalty be imposed, or that no action be taken.
(5) If the department determines that a license should be suspended, the department may also set the conditions to be met by the licensee during the period of suspension to entitle the licensee to resume operation of the service or facility.
(6) If the department determines that a license should be suspended or revoked, a civil penalty should be imposed, or both, the department shall enter an order stating the grounds for the action.
(7) The department may, after a hearing, hold a case under consideration and specify requirements to be met by a licensee to avoid either suspension, revocation, or civil penalty. In those cases, the department shall enter an order accordingly and notify the licensee by certified mail. If the licensee complies with the order and proves that fact to the satisfaction of the department, the department shall enter an order showing satisfactory compliance and dismiss the case because of compliance.
(d) If a civil penalty lawfully imposed under this part is not paid, the penalty shall be recoverable in the name of the state by the attorney general and reporter in the chancery court of Davidson County or by legal counsel for the department in the chancery court of the county in which all or part of the violation occurred.
Acts 1978, ch. 853, § 7; 1981, ch. 436, § 4; T.C.A., § 33-1807; Acts 1989, ch. 559, § 3; T.C.A., § 33-2-507; Acts 2000, ch. 947, § 1; 2003, ch. 103, § 2.
Tenn. Code Ann. § 33-2-1402 — TN Code / Title 33 / Chapter 2 / Section 33-2-1402
List of approved recovery residence organizations
Status: in_force

(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. Added by 2021 Tenn. Acts, ch. 309, s 5, eff. 7/1/2022.
(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.
(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 .
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.
(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.
(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.
(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;
(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;
(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;
(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);
(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.
(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.
Added by 2021 Tenn. Acts, ch. 309, s 5, eff. 7/1/2022.
Tenn. Code Ann. § 33-6-709 — TN Code / Title 33 / Chapter 6 / Section 33-6-709
Notification procedure for release from involuntary commitment
Status: in_force

(a) As used in this section, "local law enforcement" means the county sheriff with jurisdiction over the location where: (1) The service recipient permanently resides, if the service recipient is a resident of this state; and (2) The inpatient treatment facility is located, if the service recipient is not a resident of this state. (b) If a person is ordered into involuntary commitment under part 4 or 5 of this chapter and is to be released, then the chief officer of the releasing facility shall notify, by electronic means, local law enforcement prior to such release. Added by 2024 Tenn. Acts, ch. 656,s 1, eff. 10/1/2024.
(a) As used in this section, "local law enforcement" means the county sheriff with jurisdiction over the location where: (1) The service recipient permanently resides, if the service recipient is a resident of this state; and (2) The inpatient treatment facility is located, if the service recipient is not a resident of this state.
(1) The service recipient permanently resides, if the service recipient is a resident of this state; and
(2) The inpatient treatment facility is located, if the service recipient is not a resident of this state.
(b) If a person is ordered into involuntary commitment under part 4 or 5 of this chapter and is to be released, then the chief officer of the releasing facility shall notify, by electronic means, local law enforcement prior to such release.
Added by 2024 Tenn. Acts, ch. 656,s 1, eff. 10/1/2024.
Tenn. Code Ann. § 33-3-218 — TN Code / Title 33 / Chapter 3 / Section 33-3-218
Decision making capacity of recipient
Status: in_force

IF: (1) (A) [Deleted by 2024 amendment.] (B) A service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201 , requesting discharge under § 33-6-206 , inpatient mental health treatment, release of information, or getting information, AND (2) The incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures, THEN (3) The person "lacks capacity" under this title for decision about that matter at this time. Amended by 2024 Tenn. Acts, ch. 688,s 66, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 18; 2005, ch. 150, § 1; 2010 , ch. 734, § 1.
IF:
(1) (A) [Deleted by 2024 amendment.] (B) A service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201 , requesting discharge under § 33-6-206 , inpatient mental health treatment, release of information, or getting information, AND
(A) [Deleted by 2024 amendment.]
(B) A service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201 , requesting discharge under § 33-6-206 , inpatient mental health treatment, release of information, or getting information, AND
(2) The incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures, THEN
THEN
(3) The person "lacks capacity" under this title for decision about that matter at this time.
Amended by 2024 Tenn. Acts, ch. 688,s 66, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 18; 2005, ch. 150, § 1; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-3-106 — TN Code / Title 33 / Chapter 3 / Section 33-3-106
Disclosure to advocacy agency - Disclosure to organization paying for treatment - Limitations
Status: in_force

(a) If the head of the federally mandated protection and advocacy agency for persons with mental illness or serious emotional disturbance, or the designated representative of the agency head, requests disclosure of information protected by § 33-3-103 and specifies the personally identifiable service recipient information sought and the federally mandated function for which it is required, the information may be disclosed to the agency without consent. The disclosure of information shall be made solely for use in connection with the federally mandated function. The disclosures are subject to federal confidentiality laws, including the requirement that there be no further disclosure of the personally identifiable information by the agency without consent of the service recipient or conservator or of the parent's or legal guardian's consent in the case of a child. The service provider shall notify the service recipient, a child service recipient's parent or legal guardian, and the service recipient's conservator, if any, of the disclosure. All public and private service providers shall cooperate with the agency in responding to requests, including, but not limited to, those made under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. § 15001 et seq.); the Protection and Advocacy for Mentally Ill Individuals (PAMII) Act of 1986 ( 42 U.S.C. § 10801 et seq.); and the Protection and Advocacy for Individual Rights Act ( 29 U.S.C. § 794e ). (b) If an organization may pay for a service provider's service to a service recipient, the service provider may disclose to the organization without service recipient consent only such information about the service recipient as is reasonably necessary to obtain timely payment. Disclosures are on the condition that there be no further disclosure of the personally identifiable information by the agency without service recipient consent. (c) If the department determines that an emergency substantially impairs a provider's capacity to provide service to its service recipients and the department appoints a receiver for service recipient information, the service recipient's information may be transferred to a new service provider without service recipient consent. Amended by 2024 Tenn. Acts, ch. 688,s 60, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 11.
(a) If the head of the federally mandated protection and advocacy agency for persons with mental illness or serious emotional disturbance, or the designated representative of the agency head, requests disclosure of information protected by § 33-3-103 and specifies the personally identifiable service recipient information sought and the federally mandated function for which it is required, the information may be disclosed to the agency without consent. The disclosure of information shall be made solely for use in connection with the federally mandated function. The disclosures are subject to federal confidentiality laws, including the requirement that there be no further disclosure of the personally identifiable information by the agency without consent of the service recipient or conservator or of the parent's or legal guardian's consent in the case of a child. The service provider shall notify the service recipient, a child service recipient's parent or legal guardian, and the service recipient's conservator, if any, of the disclosure. All public and private service providers shall cooperate with the agency in responding to requests, including, but not limited to, those made under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. § 15001 et seq.); the Protection and Advocacy for Mentally Ill Individuals (PAMII) Act of 1986 ( 42 U.S.C. § 10801 et seq.); and the Protection and Advocacy for Individual Rights Act ( 29 U.S.C. § 794e ).
(b) If an organization may pay for a service provider's service to a service recipient, the service provider may disclose to the organization without service recipient consent only such information about the service recipient as is reasonably necessary to obtain timely payment. Disclosures are on the condition that there be no further disclosure of the personally identifiable information by the agency without service recipient consent.
(c) If the department determines that an emergency substantially impairs a provider's capacity to provide service to its service recipients and the department appoints a receiver for service recipient information, the service recipient's information may be transferred to a new service provider without service recipient consent.
Amended by 2024 Tenn. Acts, ch. 688,s 60, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 11.
Tenn. Code Ann. § 33-5-202 — TN Code / Title 33 / Chapter 5 / Section 33-5-202
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1992, ch. 981, § 2; T.C.A., § 33-5-401 ; Acts 2000, ch. 947, §§ 1, 6.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1992, ch. 981, § 2; T.C.A., § 33-5-401 ; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-6-616 — TN Code / Title 33 / Chapter 6 / Section 33-6-616
Recommitment hearing
Status: in_force

The court where the hospital is located is vested with jurisdiction to hold the hearing on a person returned under § 33-6-611 . The court shall schedule a hearing to be held under § 33-6-610 within five (5) business days of receipt of the notice. Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(f) ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 45.
The court where the hospital is located is vested with jurisdiction to hold the hearing on a person returned under § 33-6-611 . The court shall schedule a hearing to be held under § 33-6-610 within five (5) business days of receipt of the notice.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(f) ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 45.
Tenn. Code Ann. § 33-1-311 — TN Code / Title 33 / Chapter 1 / Section 33-1-311
Development of interagency projects and programs
Status: in_force

The department shall involve the council on children's mental health care in the development of interagency projects and programs, whether state or federally funded, related to children's mental health care, except where otherwise prohibited by state or federal law. Acts 2008, ch. 1062, § 3.
The department shall involve the council on children's mental health care in the development of interagency projects and programs, whether state or federally funded, related to children's mental health care, except where otherwise prohibited by state or federal law.
Acts 2008, ch. 1062, § 3.
Tenn. Code Ann. § 33-6-510 — TN Code / Title 33 / Chapter 6 / Section 33-6-510
Person eligible for care as armed forces veteran
Status: in_force

If a person ordered to be hospitalized under this part is eligible for hospital care or treatment by the veterans' administration of the United States within this state, the court, upon receipt of a certificate from the veterans' administration showing that facilities are available and that the person is eligible for care or treatment there, may order the person to be placed in the custody of the agency for hospitalization within this state. With respect to those persons the appropriate provisions of § 34-5-118 , being a part of the Uniform Veterans' Guardianship Law, shall apply. Acts 1965, ch. 38, § 43; T.C.A., §§ 33-606, 33-6-105; Acts 2000, ch. 947, § 1.
If a person ordered to be hospitalized under this part is eligible for hospital care or treatment by the veterans' administration of the United States within this state, the court, upon receipt of a certificate from the veterans' administration showing that facilities are available and that the person is eligible for care or treatment there, may order the person to be placed in the custody of the agency for hospitalization within this state. With respect to those persons the appropriate provisions of § 34-5-118 , being a part of the Uniform Veterans' Guardianship Law, shall apply.
Acts 1965, ch. 38, § 43; T.C.A., §§ 33-606, 33-6-105; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-302 — TN Code / Title 33 / Chapter 6 / Section 33-6-302
Detention of persons with severe impairments - Record
Status: in_force

(a) No person shall be detained under this part except in a treatment resource that provides psychiatric services, twenty-four hour crisis services, and supervised observation beds, participates in mandatory prescreening authority under § 33-6-104 , and is approved by the department for service under this part. The chief officer may detain a person alleged to: (1) Have a mental illness or serious emotional disturbance for which immediate observation, care and treatment in the program is appropriate; and (2) Be experiencing severe impairment that is likely to result in serious harm to the person. (b) The chief officer shall have entered on the record the reasons why and with whom the person came to the treatment resource. Acts 2000, ch. 947, § 1.
(a) No person shall be detained under this part except in a treatment resource that provides psychiatric services, twenty-four hour crisis services, and supervised observation beds, participates in mandatory prescreening authority under § 33-6-104 , and is approved by the department for service under this part. The chief officer may detain a person alleged to: (1) Have a mental illness or serious emotional disturbance for which immediate observation, care and treatment in the program is appropriate; and (2) Be experiencing severe impairment that is likely to result in serious harm to the person.
(1) Have a mental illness or serious emotional disturbance for which immediate observation, care and treatment in the program is appropriate; and
(2) Be experiencing severe impairment that is likely to result in serious harm to the person.
(b) The chief officer shall have entered on the record the reasons why and with whom the person came to the treatment resource.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-606 — TN Code / Title 33 / Chapter 3 / Section 33-3-606
Time for hearing
Status: in_force

The hearing shall be held as soon as possible, but not more than twenty (20) days after the complaint was filed, except that the court may continue the hearing for up to ten (10) days for good cause and may continue the hearing for as long as necessary to impanel a jury if the defendant demands a jury trial. Acts 1983, ch. 323, § 9; T.C.A., § 33-365; Acts 1984, ch. 922, §§ 16, 18; 2000, ch. 947, § 1.
The hearing shall be held as soon as possible, but not more than twenty (20) days after the complaint was filed, except that the court may continue the hearing for up to ten (10) days for good cause and may continue the hearing for as long as necessary to impanel a jury if the defendant demands a jury trial.
Acts 1983, ch. 323, § 9; T.C.A., § 33-365; Acts 1984, ch. 922, §§ 16, 18; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-701 — TN Code / Title 33 / Chapter 6 / Section 33-6-701
Review of admitted persons to determine eligibility for discharge
Status: in_force

The chief officer of a public or private hospital shall, as often as practicable, but not less often than every six (6) months, examine or cause to be examined each person admitted under this title for treatment of mental illness or serious emotional disturbance. If the chief officer determines on the basis of the examination that the person is eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 , and that the discharge is not subject to judicial review under § 33-6-708 , the chief officer shall order the immediate release of the person and shall notify the person upon whose application the person was admitted and, if the person was involuntarily hospitalized, the court that ordered the hospitalization. Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., § 33-6-108(d) ; Acts 2000, ch. 947, § 1.
The chief officer of a public or private hospital shall, as often as practicable, but not less often than every six (6) months, examine or cause to be examined each person admitted under this title for treatment of mental illness or serious emotional disturbance. If the chief officer determines on the basis of the examination that the person is eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 , and that the discharge is not subject to judicial review under § 33-6-708 , the chief officer shall order the immediate release of the person and shall notify the person upon whose application the person was admitted and, if the person was involuntarily hospitalized, the court that ordered the hospitalization.
Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., § 33-6-108(d) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-407 — TN Code / Title 33 / Chapter 6 / Section 33-6-407
Examination to determine need for hospitalization
Status: in_force

(a) As used in this section, "qualified advanced practice provider" means an individual working in collaboration with a licensed physician, and who is a: (1) Licensed advanced practice nurse with a current certification from a national certifying organization as a psychiatric-mental health advanced practice nurse; or (2) Physician assistant with a current certification from a national certifying organization as having additional qualifications in psychiatry. (b) A hospital or treatment resource that receives a person transported under § 33-6-406 must have a licensed physician or a qualified advanced practice provider examine the person to determine whether the person is subject to admission under § 33-6-403 . (c) If the person is subject to admission under § 33-6-403 , then the physician or qualified advanced practice provider must complete a certificate of need for the emergency diagnosis, evaluation, and treatment showing the factual foundation for the conclusions on each item of § 33-6-403 , and the person who took the service recipient to the hospital or treatment resource may then apply for the admission for the purpose of emergency diagnosis, evaluation, and treatment. (d) If the person is not subject to admission and the sheriff or transportation agent is under a duty to remain at the hospital or treatment resource under § 33-6-406 , then the sheriff or transportation agent shall return the person to the county. (e) If the person is not subject to admission and the sheriff or transportation agent is not under a duty to remain at the hospital or treatment resource under § 33-6-406 , then the hospital or treatment resource shall return the person to the county. (f) A hospital, treatment resource, or healthcare provider is immune from civil liability and has an affirmative defense to criminal liability arising either from a determination relative to admission of a person to a facility or treatment resource or from the transportation of a person to and from the hospital or treatment resource. Amended by 2023 Tenn. Acts, ch. 199, s 1, eff. 7/1/2023. Amended by 2013 Tenn. Acts, ch. 32, s 1, eff. 3/20/2013. Acts 2000, ch. 947, § 1; 2009 , ch. 531, § 41.
(a) As used in this section, "qualified advanced practice provider" means an individual working in collaboration with a licensed physician, and who is a: (1) Licensed advanced practice nurse with a current certification from a national certifying organization as a psychiatric-mental health advanced practice nurse; or (2) Physician assistant with a current certification from a national certifying organization as having additional qualifications in psychiatry.
(1) Licensed advanced practice nurse with a current certification from a national certifying organization as a psychiatric-mental health advanced practice nurse; or
(2) Physician assistant with a current certification from a national certifying organization as having additional qualifications in psychiatry.
(b) A hospital or treatment resource that receives a person transported under § 33-6-406 must have a licensed physician or a qualified advanced practice provider examine the person to determine whether the person is subject to admission under § 33-6-403 .
(c) If the person is subject to admission under § 33-6-403 , then the physician or qualified advanced practice provider must complete a certificate of need for the emergency diagnosis, evaluation, and treatment showing the factual foundation for the conclusions on each item of § 33-6-403 , and the person who took the service recipient to the hospital or treatment resource may then apply for the admission for the purpose of emergency diagnosis, evaluation, and treatment.
(d) If the person is not subject to admission and the sheriff or transportation agent is under a duty to remain at the hospital or treatment resource under § 33-6-406 , then the sheriff or transportation agent shall return the person to the county.
(e) If the person is not subject to admission and the sheriff or transportation agent is not under a duty to remain at the hospital or treatment resource under § 33-6-406 , then the hospital or treatment resource shall return the person to the county.
(f) A hospital, treatment resource, or healthcare provider is immune from civil liability and has an affirmative defense to criminal liability arising either from a determination relative to admission of a person to a facility or treatment resource or from the transportation of a person to and from the hospital or treatment resource.
Amended by 2023 Tenn. Acts, ch. 199, s 1, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 32, s 1, eff. 3/20/2013.
Acts 2000, ch. 947, § 1; 2009 , ch. 531, § 41.
Tenn. Code Ann. § 33-9-203 — TN Code / Title 33 / Chapter 9 / Section 33-9-203
Supplementary agreements
Status: in_force

The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact compiled in § 33-9-201 . If the supplementary agreements involve the use of a facility or facility of this state or the provision of any service by this state, the agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with rendering the service. Acts 1971, ch. 364, § 3; T.C.A., § 33-1503; Acts 2000, ch. 947, § 1.
The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact compiled in § 33-9-201 . If the supplementary agreements involve the use of a facility or facility of this state or the provision of any service by this state, the agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with rendering the service.
Acts 1971, ch. 364, § 3; T.C.A., § 33-1503; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-303 — TN Code / Title 33 / Chapter 6 / Section 33-6-303
Examination of person
Status: in_force

A physician shall examine the person as soon as practicable but at least within six (6) hours after the person arrives at the treatment resource. Acts 2000, ch. 947, § 1.
A physician shall examine the person as soon as practicable but at least within six (6) hours after the person arrives at the treatment resource.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-624 — TN Code / Title 33 / Chapter 6 / Section 33-6-624
Pilot program for patients to receive assisted outpatient treatment
Status: in_force

(a) (1) There shall be created a pilot project in Knox County, Tennessee, which shall expire on June 30, 2015, for a maximum of ten (10) patients at any given time to receive assisted outpatient treatment. (2) In addition to any authorized action under § 33-6-502 , a court of competent jurisdiction may order a proposed patient to receive assisted outpatient treatment upon finding that the conditions of § 33-6-502(1)-(3) have been met. (b) Before ordering an outpatient treatment plan pursuant to this part, the court shall comply with subsections (c)-(f). (c) (1) A proposed outpatient treatment plan, developed pursuant to this section by a physician or a professional designated under § 33-6-427(a) or (b) who has examined the proposed patient no more than ten (10) days prior to the entering of an order pursuant to this part, shall be presented to the court in writing. The plan shall include all services the examining physician or a professional designated under § 33-6-427(a) or (b) recommends that the proposed patient receive, and for each such recommended service, identify an appropriate community-based provider that has agreed to provide it. (2) lf the proposed outpatient treatment plan includes alcohol or substance abuse counseling and treatment, it may include a provision requiring relevant testing for either alcohol or illegal substances; provided, that the clinical basis of the physician or a professional designated under § 33-6-427(a) or (b) for recommending such plan provides sufficient facts for the court to find: (A) That such person has a history of alcohol or substance abuse that is clinically related to the mental illness; and (B) That such testing is necessary to prevent a relapse or deterioration which would be likely to result in serious harm to the person or others. (3) The examining physician or a professional designated under § 33-6-427(a) or (b) shall: (A) Provide an opportunity to actively participate in the development of the treatment plan to the proposed patient, the treating physician or a professional designated under § 33-6-427(a) or (b) , if any, and, upon the request of the proposed patient, any other individual significant to the proposed patient; and (B) Make reasonable efforts to gather information that may be relevant in the development of the treatment plan from the proposed patient's family or significant others. (d) At all stages of a proceeding commenced under this section, the proposed patient shall have the right to be represented by counsel. If neither the patient nor others provide counsel, the court shall appoint counsel for the proposed patient. Upon request of the proposed patient, the court shall order an independent examination by a physician or a professional designated under § 33-6-427(a) or (b) only when retained by the proposed patient. (e) (1) Upon receipt of a petition for which assisted outpatient treatment may be an option, the court shall fix the date for a hearing. Such date shall be no later than ten (10) days from the date such petition is received by the court excluding Saturdays, Sundays, and holidays. Adjournments shall be permitted only for good cause shown. In granting adjournments, the court shall consider the need for further examination of the proposed patient and the potential need to provide assisted outpatient treatment expeditiously. The court shall cause the proposed patient, any other person to whom notice is due under this chapter, the petitioner, the physician or a professional designated under § 33-6-427(a) or (b) whose affirmation or affidavit accompanied the petition, and such other persons as the court may determine to be advised of such date. Upon such date, or upon such other date to which the proceeding may be adjourned, the court shall hear testimony and, if it is deemed advisable and the proposed patient is available, examine the proposed patient in or out of court. If the proposed patient does not appear at the hearing, and appropriate attempts to elicit the attendance of the proposed patient have failed, the court may conduct the hearing in the proposed patient's absence. In such case, the court shall set forth the factual basis for such determination. (2) If the affidavit or affirmation of the physician or a professional designated under § 33-6-427(a) or (b) accompanying the petition indicates that the proposed patient has not submitted to an examination in the ten (10) days prior to the filing of the petition, the court may request the proposed patient to submit to an examination by a physician or a professional designated under § 33-6-427(a) or (b) appointed by the court. If the proposed patient does not consent and the court finds reasonable cause to believe that the allegations in the petition are true, the court may order law enforcement officers to take the proposed patient into custody in accordance with § 33-6-618 and transport the patient to a hospital for examination by a physician or a professional designated under § 33-6-427(a) or (b) . Transportation will be conducted in accordance with parts 4 and 9 of this chapter. The subject may be detained for the period required to complete the examination, but not more than forty-eight (48) hours. The physician or a professional designated under § 33-6-427(a) or (b) whose affirmation or affidavit accompanied the petition may perform such examination of the proposed patient if the physician or a professional designated under § 33-6-427(a) or (b) is privileged or otherwise authorized by such hospital to do so. If such examination is performed by another physician or a professional designated under § 33-6-427(a) or (b) , the examining physician or a professional designated under § 33-6-427(a) or (b) may consult with the physician or a professional designated under § 33-6-427(a) or (b) whose affirmation or affidavit accompanied the petition as to whether the subject meets the criteria for assisted outpatient treatment. Upon completion of the examination, the subject shall be released and the examining physician or a professional designated under § 33-6-427(a) or (b) shall report the findings of the examination to the court. The court shall not hold a hearing on the petition unless and until the examining physician or a professional designated under § 33-6-427(a) or (b) submits to the court: (A) An affidavit or affirmation stating that the physician or a professional designated under § 33-6-427(a) or (b) concurs that the proposed patient meets the criteria for assisted outpatient treatment; and (B) A proposed assisted outpatient treatment plan for the proposed patient, developed by the examining physician or a professional designated under § 33-6-427(a) or (b) , and conforming to the requirements of subsection (c). (3) The court shall not order assisted outpatient treatment unless an examining physician or a professional designated under § 33-6-427(a) or (b) who has personally examined the proposed patient no more than ten (10) days before the filing of the petition and recommends assisted outpatient treatment, testifies at the hearing. Such physician or a professional designated under § 33-6-427(a) or (b) shall testify to: (A) The facts and clinical determinations that support the allegations that the proposed patient meets each of the criteria for assisted outpatient treatment; and (B) The proposed assisted outpatient treatment plan, the rationale for each component of such plan, and whether each such component is the least restrictive available alternative to serve the clinical needs of the proposed patient; and (C) A history of medication compliance. (4) The proposed patient shall be afforded an opportunity to present evidence, to call witnesses on the patient's behalf, and to cross-examine adverse witnesses. (5) Unless the proposed patient requests a public hearing, the hearing shall be confidential and a report of the proceedings shall not be released to the public or press. (f) (1) If after hearing all relevant evidence, the court does not find by clear and convincing evidence that the proposed patient meets the criteria for assisted outpatient treatment, the court shall not order outpatient treatment under this section and shall order inpatient care and treatment under § 33-6-502 or make other dispositions as authorized by law. (2) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the proposed patient meets the criteria for assisted outpatient treatment, the court may order the proposed patient to receive assisted outpatient treatment for an initial period not to exceed six (6) months. In fashioning the order, the court shall specifically make findings by clear and convincing evidence that the ordered treatment is the least restrictive treatment appropriate and feasible for the proposed patient, and that community resources and a willing treatment provider are available to support such treatment. The order shall state an assisted outpatient treatment plan, which shall include all categories of assisted outpatient treatment that the proposed patient is to receive, but shall not include any such category that has not been recommended in both the proposed written treatment plan and the testimony provided to the court. (3) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the proposed patient meets the criteria for assisted outpatient treatment and that the treatment recommended by the examining physician or a professional designated under § 33-6-427(a) or (b) is in whole or in part appropriate, but the court does not find by clear and convincing evidence that community resources and a willing treatment provider are available to provide such treatment, the court shall state such findings of fact on the record and deny assisted outpatient treatment without prejudice and may order such other treatment or commitment as authorized by law. (4) The petitioner shall cause a copy of any court order issued pursuant to this section to be served personally, or by mail, facsimile or electronic means, upon the assisted outpatient and all service providers identified in the treatment plan. (g) In addition to any other right or remedy available by law with respect to the order for assisted outpatient treatment, either party to the order may apply to the court, on notice to the other party and all others entitled to notice, to stay, vacate, or modify the order. (h) The treatment provider may modify the treatment plan according to the treatment needs of the assisted outpatient and provide notice to the court and petitioner. (i) Within thirty (30) days prior to the expiration of an order for assisted outpatient treatment, the original applicant, if the petitioner retains the status of an authorized petitioner pursuant to this chapter, or, in the absence of a timely petition by the original petitioner, any other person authorized to petition pursuant to this chapter, may apply to the court to order continued assisted outpatient treatment and the court may order continued assisted outpatient treatment for a period not to exceed six (6) months from the expiration date of the current order if the court finds by clear and convincing evidence that the assisted outpatient treatment continues to meet the criteria in this part. If the court's disposition of such petition does not occur prior to the expiration date of the current order, the current order shall remain in effect for up to an additional thirty (30) days without further action of the court. If the court's disposition of such petition does not occur within thirty (30) days after the expiration date of the current order, the order for assisted outpatient treatment shall terminate. The procedures for obtaining any order pursuant to this subsection (i) shall be in accordance with this section. (j) Section 33-6-607 shall apply to the costs incurred for services ordered under this section. (k) An assisted outpatient's substantial failure to comply with the order of the court shall constitute reason for a physician or a professional designated under § 33-6-427(a) or (b) to determine whether the assisted outpatient is subject to emergency detention under § 33-6-401 , and shall give rise to the authority under § 33-6-402 for such physician or a professional designated under § 33-6-427(a) or (b) to take custody of the assisted outpatient. Failure to comply with an order of assisted outpatient treatment shall not be grounds for a finding of contempt of court or for nonemergency involuntary detention under this title. Nothing in this section precludes the use of detention by law enforcement officers under § 33-6-402 . (l) The commissioner of mental health and substance abuse services is authorized to promulgate rules to implement this section in accordance with the Uniform Administration Procedures Act, compiled in title 4, chapter 5. Amended by 2014 Tenn. Acts, ch. 1000,s 1, eff. 5/22/2014. Acts 2012 , ch. 575, § 2; 2012, ch. 1060, § 1.
(a) (1) There shall be created a pilot project in Knox County, Tennessee, which shall expire on June 30, 2015, for a maximum of ten (10) patients at any given time to receive assisted outpatient treatment. (2) In addition to any authorized action under § 33-6-502 , a court of competent jurisdiction may order a proposed patient to receive assisted outpatient treatment upon finding that the conditions of § 33-6-502(1)-(3) have been met.
(1) There shall be created a pilot project in Knox County, Tennessee, which shall expire on June 30, 2015, for a maximum of ten (10) patients at any given time to receive assisted outpatient treatment.
(2) In addition to any authorized action under § 33-6-502 , a court of competent jurisdiction may order a proposed patient to receive assisted outpatient treatment upon finding that the conditions of § 33-6-502(1)-(3) have been met.
(b) Before ordering an outpatient treatment plan pursuant to this part, the court shall comply with subsections (c)-(f).
(c) (1) A proposed outpatient treatment plan, developed pursuant to this section by a physician or a professional designated under § 33-6-427(a) or (b) who has examined the proposed patient no more than ten (10) days prior to the entering of an order pursuant to this part, shall be presented to the court in writing. The plan shall include all services the examining physician or a professional designated under § 33-6-427(a) or (b) recommends that the proposed patient receive, and for each such recommended service, identify an appropriate community-based provider that has agreed to provide it. (2) lf the proposed outpatient treatment plan includes alcohol or substance abuse counseling and treatment, it may include a provision requiring relevant testing for either alcohol or illegal substances; provided, that the clinical basis of the physician or a professional designated under § 33-6-427(a) or (b) for recommending such plan provides sufficient facts for the court to find: (A) That such person has a history of alcohol or substance abuse that is clinically related to the mental illness; and (B) That such testing is necessary to prevent a relapse or deterioration which would be likely to result in serious harm to the person or others. (3) The examining physician or a professional designated under § 33-6-427(a) or (b) shall: (A) Provide an opportunity to actively participate in the development of the treatment plan to the proposed patient, the treating physician or a professional designated under § 33-6-427(a) or (b) , if any, and, upon the request of the proposed patient, any other individual significant to the proposed patient; and (B) Make reasonable efforts to gather information that may be relevant in the development of the treatment plan from the proposed patient's family or significant others.
(1) A proposed outpatient treatment plan, developed pursuant to this section by a physician or a professional designated under § 33-6-427(a) or (b) who has examined the proposed patient no more than ten (10) days prior to the entering of an order pursuant to this part, shall be presented to the court in writing. The plan shall include all services the examining physician or a professional designated under § 33-6-427(a) or (b) recommends that the proposed patient receive, and for each such recommended service, identify an appropriate community-based provider that has agreed to provide it.
(2) lf the proposed outpatient treatment plan includes alcohol or substance abuse counseling and treatment, it may include a provision requiring relevant testing for either alcohol or illegal substances; provided, that the clinical basis of the physician or a professional designated under § 33-6-427(a) or (b) for recommending such plan provides sufficient facts for the court to find: (A) That such person has a history of alcohol or substance abuse that is clinically related to the mental illness; and (B) That such testing is necessary to prevent a relapse or deterioration which would be likely to result in serious harm to the person or others.
(A) That such person has a history of alcohol or substance abuse that is clinically related to the mental illness; and
(B) That such testing is necessary to prevent a relapse or deterioration which would be likely to result in serious harm to the person or others.
(3) The examining physician or a professional designated under § 33-6-427(a) or (b) shall: (A) Provide an opportunity to actively participate in the development of the treatment plan to the proposed patient, the treating physician or a professional designated under § 33-6-427(a) or (b) , if any, and, upon the request of the proposed patient, any other individual significant to the proposed patient; and (B) Make reasonable efforts to gather information that may be relevant in the development of the treatment plan from the proposed patient's family or significant others.
(A) Provide an opportunity to actively participate in the development of the treatment plan to the proposed patient, the treating physician or a professional designated under § 33-6-427(a) or (b) , if any, and, upon the request of the proposed patient, any other individual significant to the proposed patient; and
(B) Make reasonable efforts to gather information that may be relevant in the development of the treatment plan from the proposed patient's family or significant others.
(d) At all stages of a proceeding commenced under this section, the proposed patient shall have the right to be represented by counsel. If neither the patient nor others provide counsel, the court shall appoint counsel for the proposed patient. Upon request of the proposed patient, the court shall order an independent examination by a physician or a professional designated under § 33-6-427(a) or (b) only when retained by the proposed patient.
(e) (1) Upon receipt of a petition for which assisted outpatient treatment may be an option, the court shall fix the date for a hearing. Such date shall be no later than ten (10) days from the date such petition is received by the court excluding Saturdays, Sundays, and holidays. Adjournments shall be permitted only for good cause shown. In granting adjournments, the court shall consider the need for further examination of the proposed patient and the potential need to provide assisted outpatient treatment expeditiously. The court shall cause the proposed patient, any other person to whom notice is due under this chapter, the petitioner, the physician or a professional designated under § 33-6-427(a) or (b) whose affirmation or affidavit accompanied the petition, and such other persons as the court may determine to be advised of such date. Upon such date, or upon such other date to which the proceeding may be adjourned, the court shall hear testimony and, if it is deemed advisable and the proposed patient is available, examine the proposed patient in or out of court. If the proposed patient does not appear at the hearing, and appropriate attempts to elicit the attendance of the proposed patient have failed, the court may conduct the hearing in the proposed patient's absence. In such case, the court shall set forth the factual basis for such determination. (2) If the affidavit or affirmation of the physician or a professional designated under § 33-6-427(a) or (b) accompanying the petition indicates that the proposed patient has not submitted to an examination in the ten (10) days prior to the filing of the petition, the court may request the proposed patient to submit to an examination by a physician or a professional designated under § 33-6-427(a) or (b) appointed by the court. If the proposed patient does not consent and the court finds reasonable cause to believe that the allegations in the petition are true, the court may order law enforcement officers to take the proposed patient into custody in accordance with § 33-6-618 and transport the patient to a hospital for examination by a physician or a professional designated under § 33-6-427(a) or (b) . Transportation will be conducted in accordance with parts 4 and 9 of this chapter. The subject may be detained for the period required to complete the examination, but not more than forty-eight (48) hours. The physician or a professional designated under § 33-6-427(a) or (b) whose affirmation or affidavit accompanied the petition may perform such examination of the proposed patient if the physician or a professional designated under § 33-6-427(a) or (b) is privileged or otherwise authorized by such hospital to do so. If such examination is performed by another physician or a professional designated under § 33-6-427(a) or (b) , the examining physician or a professional designated under § 33-6-427(a) or (b) may consult with the physician or a professional designated under § 33-6-427(a) or (b) whose affirmation or affidavit accompanied the petition as to whether the subject meets the criteria for assisted outpatient treatment. Upon completion of the examination, the subject shall be released and the examining physician or a professional designated under § 33-6-427(a) or (b) shall report the findings of the examination to the court. The court shall not hold a hearing on the petition unless and until the examining physician or a professional designated under § 33-6-427(a) or (b) submits to the court: (A) An affidavit or affirmation stating that the physician or a professional designated under § 33-6-427(a) or (b) concurs that the proposed patient meets the criteria for assisted outpatient treatment; and (B) A proposed assisted outpatient treatment plan for the proposed patient, developed by the examining physician or a professional designated under § 33-6-427(a) or (b) , and conforming to the requirements of subsection (c). (3) The court shall not order assisted outpatient treatment unless an examining physician or a professional designated under § 33-6-427(a) or (b) who has personally examined the proposed patient no more than ten (10) days before the filing of the petition and recommends assisted outpatient treatment, testifies at the hearing. Such physician or a professional designated under § 33-6-427(a) or (b) shall testify to: (A) The facts and clinical determinations that support the allegations that the proposed patient meets each of the criteria for assisted outpatient treatment; and (B) The proposed assisted outpatient treatment plan, the rationale for each component of such plan, and whether each such component is the least restrictive available alternative to serve the clinical needs of the proposed patient; and (C) A history of medication compliance. (4) The proposed patient shall be afforded an opportunity to present evidence, to call witnesses on the patient's behalf, and to cross-examine adverse witnesses. (5) Unless the proposed patient requests a public hearing, the hearing shall be confidential and a report of the proceedings shall not be released to the public or press.
(1) Upon receipt of a petition for which assisted outpatient treatment may be an option, the court shall fix the date for a hearing. Such date shall be no later than ten (10) days from the date such petition is received by the court excluding Saturdays, Sundays, and holidays. Adjournments shall be permitted only for good cause shown. In granting adjournments, the court shall consider the need for further examination of the proposed patient and the potential need to provide assisted outpatient treatment expeditiously. The court shall cause the proposed patient, any other person to whom notice is due under this chapter, the petitioner, the physician or a professional designated under § 33-6-427(a) or (b) whose affirmation or affidavit accompanied the petition, and such other persons as the court may determine to be advised of such date. Upon such date, or upon such other date to which the proceeding may be adjourned, the court shall hear testimony and, if it is deemed advisable and the proposed patient is available, examine the proposed patient in or out of court. If the proposed patient does not appear at the hearing, and appropriate attempts to elicit the attendance of the proposed patient have failed, the court may conduct the hearing in the proposed patient's absence. In such case, the court shall set forth the factual basis for such determination.
(2) If the affidavit or affirmation of the physician or a professional designated under § 33-6-427(a) or (b) accompanying the petition indicates that the proposed patient has not submitted to an examination in the ten (10) days prior to the filing of the petition, the court may request the proposed patient to submit to an examination by a physician or a professional designated under § 33-6-427(a) or (b) appointed by the court. If the proposed patient does not consent and the court finds reasonable cause to believe that the allegations in the petition are true, the court may order law enforcement officers to take the proposed patient into custody in accordance with § 33-6-618 and transport the patient to a hospital for examination by a physician or a professional designated under § 33-6-427(a) or (b) . Transportation will be conducted in accordance with parts 4 and 9 of this chapter. The subject may be detained for the period required to complete the examination, but not more than forty-eight (48) hours. The physician or a professional designated under § 33-6-427(a) or (b) whose affirmation or affidavit accompanied the petition may perform such examination of the proposed patient if the physician or a professional designated under § 33-6-427(a) or (b) is privileged or otherwise authorized by such hospital to do so. If such examination is performed by another physician or a professional designated under § 33-6-427(a) or (b) , the examining physician or a professional designated under § 33-6-427(a) or (b) may consult with the physician or a professional designated under § 33-6-427(a) or (b) whose affirmation or affidavit accompanied the petition as to whether the subject meets the criteria for assisted outpatient treatment. Upon completion of the examination, the subject shall be released and the examining physician or a professional designated under § 33-6-427(a) or (b) shall report the findings of the examination to the court. The court shall not hold a hearing on the petition unless and until the examining physician or a professional designated under § 33-6-427(a) or (b) submits to the court: (A) An affidavit or affirmation stating that the physician or a professional designated under § 33-6-427(a) or (b) concurs that the proposed patient meets the criteria for assisted outpatient treatment; and (B) A proposed assisted outpatient treatment plan for the proposed patient, developed by the examining physician or a professional designated under § 33-6-427(a) or (b) , and conforming to the requirements of subsection (c).
(A) An affidavit or affirmation stating that the physician or a professional designated under § 33-6-427(a) or (b) concurs that the proposed patient meets the criteria for assisted outpatient treatment; and
(B) A proposed assisted outpatient treatment plan for the proposed patient, developed by the examining physician or a professional designated under § 33-6-427(a) or (b) , and conforming to the requirements of subsection (c).
(3) The court shall not order assisted outpatient treatment unless an examining physician or a professional designated under § 33-6-427(a) or (b) who has personally examined the proposed patient no more than ten (10) days before the filing of the petition and recommends assisted outpatient treatment, testifies at the hearing. Such physician or a professional designated under § 33-6-427(a) or (b) shall testify to: (A) The facts and clinical determinations that support the allegations that the proposed patient meets each of the criteria for assisted outpatient treatment; and (B) The proposed assisted outpatient treatment plan, the rationale for each component of such plan, and whether each such component is the least restrictive available alternative to serve the clinical needs of the proposed patient; and (C) A history of medication compliance.
(A) The facts and clinical determinations that support the allegations that the proposed patient meets each of the criteria for assisted outpatient treatment; and
(B) The proposed assisted outpatient treatment plan, the rationale for each component of such plan, and whether each such component is the least restrictive available alternative to serve the clinical needs of the proposed patient; and
(C) A history of medication compliance.
(4) The proposed patient shall be afforded an opportunity to present evidence, to call witnesses on the patient's behalf, and to cross-examine adverse witnesses.
(5) Unless the proposed patient requests a public hearing, the hearing shall be confidential and a report of the proceedings shall not be released to the public or press.
(f) (1) If after hearing all relevant evidence, the court does not find by clear and convincing evidence that the proposed patient meets the criteria for assisted outpatient treatment, the court shall not order outpatient treatment under this section and shall order inpatient care and treatment under § 33-6-502 or make other dispositions as authorized by law. (2) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the proposed patient meets the criteria for assisted outpatient treatment, the court may order the proposed patient to receive assisted outpatient treatment for an initial period not to exceed six (6) months. In fashioning the order, the court shall specifically make findings by clear and convincing evidence that the ordered treatment is the least restrictive treatment appropriate and feasible for the proposed patient, and that community resources and a willing treatment provider are available to support such treatment. The order shall state an assisted outpatient treatment plan, which shall include all categories of assisted outpatient treatment that the proposed patient is to receive, but shall not include any such category that has not been recommended in both the proposed written treatment plan and the testimony provided to the court. (3) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the proposed patient meets the criteria for assisted outpatient treatment and that the treatment recommended by the examining physician or a professional designated under § 33-6-427(a) or (b) is in whole or in part appropriate, but the court does not find by clear and convincing evidence that community resources and a willing treatment provider are available to provide such treatment, the court shall state such findings of fact on the record and deny assisted outpatient treatment without prejudice and may order such other treatment or commitment as authorized by law. (4) The petitioner shall cause a copy of any court order issued pursuant to this section to be served personally, or by mail, facsimile or electronic means, upon the assisted outpatient and all service providers identified in the treatment plan.
(1) If after hearing all relevant evidence, the court does not find by clear and convincing evidence that the proposed patient meets the criteria for assisted outpatient treatment, the court shall not order outpatient treatment under this section and shall order inpatient care and treatment under § 33-6-502 or make other dispositions as authorized by law.
(2) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the proposed patient meets the criteria for assisted outpatient treatment, the court may order the proposed patient to receive assisted outpatient treatment for an initial period not to exceed six (6) months. In fashioning the order, the court shall specifically make findings by clear and convincing evidence that the ordered treatment is the least restrictive treatment appropriate and feasible for the proposed patient, and that community resources and a willing treatment provider are available to support such treatment. The order shall state an assisted outpatient treatment plan, which shall include all categories of assisted outpatient treatment that the proposed patient is to receive, but shall not include any such category that has not been recommended in both the proposed written treatment plan and the testimony provided to the court.
(3) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the proposed patient meets the criteria for assisted outpatient treatment and that the treatment recommended by the examining physician or a professional designated under § 33-6-427(a) or (b) is in whole or in part appropriate, but the court does not find by clear and convincing evidence that community resources and a willing treatment provider are available to provide such treatment, the court shall state such findings of fact on the record and deny assisted outpatient treatment without prejudice and may order such other treatment or commitment as authorized by law.
(4) The petitioner shall cause a copy of any court order issued pursuant to this section to be served personally, or by mail, facsimile or electronic means, upon the assisted outpatient and all service providers identified in the treatment plan.
(g) In addition to any other right or remedy available by law with respect to the order for assisted outpatient treatment, either party to the order may apply to the court, on notice to the other party and all others entitled to notice, to stay, vacate, or modify the order.
(h) The treatment provider may modify the treatment plan according to the treatment needs of the assisted outpatient and provide notice to the court and petitioner.
(i) Within thirty (30) days prior to the expiration of an order for assisted outpatient treatment, the original applicant, if the petitioner retains the status of an authorized petitioner pursuant to this chapter, or, in the absence of a timely petition by the original petitioner, any other person authorized to petition pursuant to this chapter, may apply to the court to order continued assisted outpatient treatment and the court may order continued assisted outpatient treatment for a period not to exceed six (6) months from the expiration date of the current order if the court finds by clear and convincing evidence that the assisted outpatient treatment continues to meet the criteria in this part. If the court's disposition of such petition does not occur prior to the expiration date of the current order, the current order shall remain in effect for up to an additional thirty (30) days without further action of the court. If the court's disposition of such petition does not occur within thirty (30) days after the expiration date of the current order, the order for assisted outpatient treatment shall terminate. The procedures for obtaining any order pursuant to this subsection (i) shall be in accordance with this section.
(j) Section 33-6-607 shall apply to the costs incurred for services ordered under this section.
(k) An assisted outpatient's substantial failure to comply with the order of the court shall constitute reason for a physician or a professional designated under § 33-6-427(a) or (b) to determine whether the assisted outpatient is subject to emergency detention under § 33-6-401 , and shall give rise to the authority under § 33-6-402 for such physician or a professional designated under § 33-6-427(a) or (b) to take custody of the assisted outpatient. Failure to comply with an order of assisted outpatient treatment shall not be grounds for a finding of contempt of court or for nonemergency involuntary detention under this title. Nothing in this section precludes the use of detention by law enforcement officers under § 33-6-402 .
(l) The commissioner of mental health and substance abuse services is authorized to promulgate rules to implement this section in accordance with the Uniform Administration Procedures Act, compiled in title 4, chapter 5.
Amended by 2014 Tenn. Acts, ch. 1000,s 1, eff. 5/22/2014.
Acts 2012 , ch. 575, § 2; 2012, ch. 1060, § 1.
Tenn. Code Ann. § 33-6-705 — TN Code / Title 33 / Chapter 6 / Section 33-6-705
Discharge of person no longer meeting standards for admission
Status: in_force

IF (1) a person was admitted to a hospital for treatment of mental illness or serious emotional disturbance under any provision of this title other than chapter 6, part 5 of this title, AND (2) the person no longer meets the standards under which the admission took place, AND (3) the person's detention is not otherwise authorized under the part under which the person was admitted, THEN (4) the person shall be discharged. Acts 1982, ch. 862, § 3; 1983, ch. 323, §§ 18, 19; T.C.A., § 33-614; Acts 1985, ch. 437, § 18; T.C.A., § 33-6-109(a) ; Acts 2000, ch. 947, § 1.
IF
(1) a person was admitted to a hospital for treatment of mental illness or serious emotional disturbance under any provision of this title other than chapter 6, part 5 of this title, AND
(2) the person no longer meets the standards under which the admission took place, AND
(3) the person's detention is not otherwise authorized under the part under which the person was admitted, THEN
THEN
(4) the person shall be discharged.
Acts 1982, ch. 862, § 3; 1983, ch. 323, §§ 18, 19; T.C.A., § 33-614; Acts 1985, ch. 437, § 18; T.C.A., § 33-6-109(a) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-301 — TN Code / Title 33 / Chapter 8 / Section 33-8-301
Electroconvulsive therapy upon child prohibited except under this part
Status: in_force

No person or facility may administer electroconvulsive therapy or other convulsive therapy to a child except as authorized under this part under §§ 33-8-302 and 33-8-303 or under §§ 33-8-305-33-8-313. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(a); Acts 2000, ch. 947, §§ 1, 6.
No person or facility may administer electroconvulsive therapy or other convulsive therapy to a child except as authorized under this part under §§ 33-8-302 and 33-8-303 or under §§ 33-8-305-33-8-313.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(a); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-2-1203 — TN Code / Title 33 / Chapter 2 / Section 33-2-1203
Contracting for temporary staffing to maintain suitable available accommodations
Status: in_force

If, in the commissioner's judgment, the occupancy level at a state-owned or operated hospital or treatment resource requires additional staffing for a temporary period in order to maintain suitable available accommodations, the commissioner is authorized to contract for and utilize temporary staffing at the affected location. Acts 2009, ch. 531, § 34.
If, in the commissioner's judgment, the occupancy level at a state-owned or operated hospital or treatment resource requires additional staffing for a temporary period in order to maintain suitable available accommodations, the commissioner is authorized to contract for and utilize temporary staffing at the affected location.
Acts 2009, ch. 531, § 34.
Tenn. Code Ann. § 33-3-704 — TN Code / Title 33 / Chapter 3 / Section 33-3-704
Transferee's attorney
Status: in_force

The transferee's attorney shall notify the court of the representation immediately after accepting it. If the transferee or others on the transferee's behalf do not employ an attorney for the transferee, the court shall appoint an attorney to represent the transferee. An attorney representing the transferee shall not serve as guardian ad litem. If the court determines that the transferee is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the transferee's guardian ad litem. Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
The transferee's attorney shall notify the court of the representation immediately after accepting it. If the transferee or others on the transferee's behalf do not employ an attorney for the transferee, the court shall appoint an attorney to represent the transferee. An attorney representing the transferee shall not serve as guardian ad litem. If the court determines that the transferee is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the transferee's guardian ad litem.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-308 — TN Code / Title 33 / Chapter 8 / Section 33-8-308
Electroconvulsive therapy upon child - Independent psychiatric evaluation required
Status: in_force

Whenever authorization is sought for the administration to a child of electroconvulsive or other convulsive therapy, the court shall appoint an independent psychiatrist who shall receive reimbursement in an amount fixed by the court. No electroconvulsive or other convulsive therapy may be authorized for a child except upon the testimony of an independent psychiatrist, who is child and adolescent certified by the American Board of Psychiatry and Neurology, that the psychiatrist has examined the child and is of the opinion that the therapy is necessary for the child's health or safety. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(d); Acts 2000, ch. 947, §§ 1, 6.
Whenever authorization is sought for the administration to a child of electroconvulsive or other convulsive therapy, the court shall appoint an independent psychiatrist who shall receive reimbursement in an amount fixed by the court. No electroconvulsive or other convulsive therapy may be authorized for a child except upon the testimony of an independent psychiatrist, who is child and adolescent certified by the American Board of Psychiatry and Neurology, that the psychiatrist has examined the child and is of the opinion that the therapy is necessary for the child's health or safety.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(d); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-6-602 — TN Code / Title 33 / Chapter 6 / Section 33-6-602
Release from hospitalization subject to outpatient treatment
Status: in_force

IF (1) on the basis of a review of the person's history before and during hospitalization, the hospital staff concludes that: (A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, (B) the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under § 33-6-501 unless treatment is continued, (C) the person is likely to participate in outpatient treatment with a legal obligation to do so, (D) the person is not likely to participate in outpatient treatment unless legally obligated to do so, and (E) mandatory outpatient treatment is a suitable less drastic alternative to commitment, THEN (2) the person shall be eligible for discharge subject to the obligation to participate in any medically appropriate outpatient treatment, including, but not limited to, psychotherapy, medication, or day treatment, under a plan approved by the releasing facility and the outpatient qualified mental health professional. Acts 1982, ch. 862, § 4; 1983, ch. 323, §§ 19, 20, 22; T.C.A., § 33-615; Acts 1984, ch. 922, §§ 24, 25; 1985, ch. 437, § 21; T.C.A., § 33-6-201(b) ; Acts 2000, ch. 947, § 1.
IF
(1) on the basis of a review of the person's history before and during hospitalization, the hospital staff concludes that: (A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, (B) the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under § 33-6-501 unless treatment is continued, (C) the person is likely to participate in outpatient treatment with a legal obligation to do so, (D) the person is not likely to participate in outpatient treatment unless legally obligated to do so, and (E) mandatory outpatient treatment is a suitable less drastic alternative to commitment, THEN
(A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission,
(B) the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under § 33-6-501 unless treatment is continued,
(C) the person is likely to participate in outpatient treatment with a legal obligation to do so,
(D) the person is not likely to participate in outpatient treatment unless legally obligated to do so, and
(E) mandatory outpatient treatment is a suitable less drastic alternative to commitment, THEN
THEN
(2) the person shall be eligible for discharge subject to the obligation to participate in any medically appropriate outpatient treatment, including, but not limited to, psychotherapy, medication, or day treatment, under a plan approved by the releasing facility and the outpatient qualified mental health professional.
Acts 1982, ch. 862, § 4; 1983, ch. 323, §§ 19, 20, 22; T.C.A., § 33-615; Acts 1984, ch. 922, §§ 24, 25; 1985, ch. 437, § 21; T.C.A., § 33-6-201(b) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-9-104 — TN Code / Title 33 / Chapter 9 / Section 33-9-104
Fugitive discharged if no agent appears
Status: in_force

If the agent does not appear within thirty (30) days from the time of the apprehension, the fugitive may be discharged. Acts 1917, ch. 115, § 4; Shan., § 5499a7; Code 1932, § 9665; T.C.A. (orig. ed.), § 33-1006; Acts 2000, ch. 947, § 1.
If the agent does not appear within thirty (30) days from the time of the apprehension, the fugitive may be discharged.
Acts 1917, ch. 115, § 4; Shan., § 5499a7; Code 1932, § 9665; T.C.A. (orig. ed.), § 33-1006; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1004 — TN Code / Title 33 / Chapter 6 / Section 33-6-1004
Signature required - Witnesses
Status: in_force

(a) A declaration is effective only if it is signed by the service recipient and two (2) competent adult witnesses and is not signed on the premises of a mental health service provider. The witnesses shall attest that the service recipient is personally known to them; signed the declaration in their presence; talked with the witnesses about the document, its contents, and the reasons for preparing and wanting the document to be effective; appears to be capable of making mental health treatment decisions; and is not under duress, fraud, or undue influence. (b) None of the following may be used as a witness: (1) The service recipient's mental health service provider; (2) An employee of the service recipient's mental health service provider; (3) The operator of a mental health facility; or (4) An employee of a mental health facility. (c) At least one (1) of the persons who is a witness shall be a person who is neither: (1) A relative of the service recipient by blood, marriage or adoption; nor (2) A person who would be entitled to any portion of the estate of the service recipient upon the service recipient's death under any will or codicil of the service recipient that exists at the time of execution of the declaration for mental health treatment or by operation of law then existing. Acts 2000, ch. 947, § 1.
(a) A declaration is effective only if it is signed by the service recipient and two (2) competent adult witnesses and is not signed on the premises of a mental health service provider. The witnesses shall attest that the service recipient is personally known to them; signed the declaration in their presence; talked with the witnesses about the document, its contents, and the reasons for preparing and wanting the document to be effective; appears to be capable of making mental health treatment decisions; and is not under duress, fraud, or undue influence.
(b) None of the following may be used as a witness: (1) The service recipient's mental health service provider; (2) An employee of the service recipient's mental health service provider; (3) The operator of a mental health facility; or (4) An employee of a mental health facility.
(1) The service recipient's mental health service provider;
(2) An employee of the service recipient's mental health service provider;
(3) The operator of a mental health facility; or
(4) An employee of a mental health facility.
(c) At least one (1) of the persons who is a witness shall be a person who is neither: (1) A relative of the service recipient by blood, marriage or adoption; nor (2) A person who would be entitled to any portion of the estate of the service recipient upon the service recipient's death under any will or codicil of the service recipient that exists at the time of execution of the declaration for mental health treatment or by operation of law then existing.
(1) A relative of the service recipient by blood, marriage or adoption; nor
(2) A person who would be entitled to any portion of the estate of the service recipient upon the service recipient's death under any will or codicil of the service recipient that exists at the time of execution of the declaration for mental health treatment or by operation of law then existing.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-117 — TN Code / Title 33 / Chapter 3 / Section 33-3-117
Reporting to local law enforcement by inpatient treatment facility of involuntary commitment of service recipient
Status: in_force

(a) If a service recipient is involuntarily committed to an inpatient treatment facility under this title, the inpatient treatment facility shall report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment, who shall report the service recipient to the federal bureau of investigation-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with the NICS Improvement Amendments Act of 2007, Public Law 110-180, as enacted and as may be amended in the future. (b) If an inpatient treatment facility is required to report pursuant to subsection (a), the facility shall report the following information: (1) Complete name of the person involuntarily committed; (2) Date involuntary commitment was ordered; (3) Private or state hospital or treatment resource to which the individual was involuntarily committed; (4) Date of birth of the person involuntarily committed; (5) Race and sex of the person involuntarily committed; and (6) Social security number of the person involuntarily committed if available. (c) The information in subdivisions (b)(1)-(4), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 and 39-17-1354 . Amended by 2018 Tenn. Acts, ch. 799, s 3, eff. 7/1/2018.
(a) If a service recipient is involuntarily committed to an inpatient treatment facility under this title, the inpatient treatment facility shall report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment, who shall report the service recipient to the federal bureau of investigation-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with the NICS Improvement Amendments Act of 2007, Public Law 110-180, as enacted and as may be amended in the future.
(b) If an inpatient treatment facility is required to report pursuant to subsection (a), the facility shall report the following information: (1) Complete name of the person involuntarily committed; (2) Date involuntary commitment was ordered; (3) Private or state hospital or treatment resource to which the individual was involuntarily committed; (4) Date of birth of the person involuntarily committed; (5) Race and sex of the person involuntarily committed; and (6) Social security number of the person involuntarily committed if available.
(1) Complete name of the person involuntarily committed;
(2) Date involuntary commitment was ordered;
(3) Private or state hospital or treatment resource to which the individual was involuntarily committed;
(4) Date of birth of the person involuntarily committed;
(5) Race and sex of the person involuntarily committed; and
(6) Social security number of the person involuntarily committed if available.
(c) The information in subdivisions (b)(1)-(4), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 and 39-17-1354 .
Amended by 2018 Tenn. Acts, ch. 799, s 3, eff. 7/1/2018.
Tenn. Code Ann. § 33-7-402 — TN Code / Title 33 / Chapter 7 / Section 33-7-402
Mandatory community-based services for person found in need of services by forensic examiner
Status: in_force

If upon completion of an evaluation of a person under § 33-7-301 , the department determines that the person meets the standards in § 33-7-401(2)(B), (C), and (D), and (3) , the department shall attempt to develop a community-based services plan for the person for the purpose stated. The plan shall be for a maximum of two (2) years, and no person shall participate in the plan for more than two (2) years. Acts 2000, ch. 947, § 1.
If upon completion of an evaluation of a person under § 33-7-301 , the department determines that the person meets the standards in § 33-7-401(2)(B), (C), and (D), and (3) , the department shall attempt to develop a community-based services plan for the person for the purpose stated. The plan shall be for a maximum of two (2) years, and no person shall participate in the plan for more than two (2) years.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-309 — TN Code / Title 33 / Chapter 1 / Section 33-1-309
Adoption of rules
Status: in_force

The department shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2024 Tenn. Acts, ch. 688,s 21, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 576, s 1, eff. 5/27/2021. Acts 2000, ch. 947, § 1; 2001, ch. 337, § 1; 2006, ch. 761, § 2; 2007 , ch. 499, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 29; 2011 , ch. 158, § 13.
The department shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2024 Tenn. Acts, ch. 688,s 21, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 576, s 1, eff. 5/27/2021.
Acts 2000, ch. 947, § 1; 2001, ch. 337, § 1; 2006, ch. 761, § 2; 2007 , ch. 499, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 29; 2011 , ch. 158, § 13.
Tenn. Code Ann. § 33-3-202 — TN Code / Title 33 / Chapter 3 / Section 33-3-202
Director of not-for-profit corporation providing service not liable for torts of recipients
Status: in_force

(a) While acting in good faith, the directors of a not for profit corporation that provides community residential services or supports for persons with mental illness or serious emotional disturbance shall not be held personally liable for tortious acts committed by the corporation's service recipients. (b) Subsection (a) does not preclude imposition of personal liability on a director who also acts as a paid officer or employee of the corporation. Amended by 2024 Tenn. Acts, ch. 688,s 64, eff. 7/1/2024. Acts 1979, ch. 33, § 2; T.C.A., §§ 33-17-202, 33-10-202 ; Acts 2000, ch. 947, § 1.
(a) While acting in good faith, the directors of a not for profit corporation that provides community residential services or supports for persons with mental illness or serious emotional disturbance shall not be held personally liable for tortious acts committed by the corporation's service recipients.
(b) Subsection (a) does not preclude imposition of personal liability on a director who also acts as a paid officer or employee of the corporation.
Amended by 2024 Tenn. Acts, ch. 688,s 64, eff. 7/1/2024.
Acts 1979, ch. 33, § 2; T.C.A., §§ 33-17-202, 33-10-202 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-411 — TN Code / Title 33 / Chapter 2 / Section 33-2-411
Surveyor to notify licensee of violations
Status: in_force

If a licensure surveyor finds a violation of a statute or rule that may be a ground for a civil penalty, the surveyor shall advise the licensee of the finding orally before concluding the survey. Acts 2000, ch. 947, § 1; T.C.A. § 33-2-410 ; Acts 2001, ch. 299, § 1; 2004, ch. 565, § 1.
If a licensure surveyor finds a violation of a statute or rule that may be a ground for a civil penalty, the surveyor shall advise the licensee of the finding orally before concluding the survey.
Acts 2000, ch. 947, § 1; T.C.A. § 33-2-410 ; Acts 2001, ch. 299, § 1; 2004, ch. 565, § 1.
Tenn. Code Ann. § 33-8-316 — TN Code / Title 33 / Chapter 8 / Section 33-8-316
Child's rights not to be waived
Status: in_force

A child may not waive any right created by this part, nor may the right be waived by any other person acting on the child's behalf. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(h); Acts 2000, ch. 947, §§ 1, 6.
A child may not waive any right created by this part, nor may the right be waived by any other person acting on the child's behalf.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(h); Acts 2000, ch. 947, §§ 1, 6.