Tenn. Code Ann. § 33-3-901 — TN Code / Title 33 / Chapter 3 / Section 33-3-901
Wrongful hospitalization or admission - Instituting wrongful action - Penalties - Immunity
Status: in_force

(a) A person commits a Class E felony who: (1) Without probable cause to believe a person has mental illness or serious emotional disturbance, causes or conspires with or assists a third person to cause the hospitalization or admission of the person under this title; or (2) Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title. (b) A person commits a Class E felony who: (1) Without probable cause to believe a person has mental illness or serious emotional disturbance executes a petition, application, or certificate under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, admission, or restraint of the person; or (2) Knowingly makes any false certificate or application under this title. (c) The commissioner or the chief officer of any hospital or treatment resource acting pursuant to this title shall be entitled to rely in good faith upon the representations made for admission by any person or any certification with respect to any person made by a professional authorized to provide certificates under this title or any court. (d) All persons acting in good faith, reasonably and without negligence in connection with the preparation of petitions, applications, certificates or other documents or the apprehension, detention, discharge, examination, transportation or treatment of a person under this title shall be free from all liability, civil or criminal, by reason of the acts. Amended by 2024 Tenn. Acts, ch. 688,s 81, eff. 7/1/2024. Acts 1965, ch. 38, § 6; 1974, ch. 802, § 17; 1975, ch. 248, § 1; T.C.A., § 33-304; Acts 1984, ch. 922, § 2; 1986, ch. 570, § 2; 1989, ch. 591, § 29; T.C.A., § 33-3-102 ; Acts 2000, ch. 947, § 1.
(a) A person commits a Class E felony who: (1) Without probable cause to believe a person has mental illness or serious emotional disturbance, causes or conspires with or assists a third person to cause the hospitalization or admission of the person under this title; or (2) Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title.
(1) Without probable cause to believe a person has mental illness or serious emotional disturbance, causes or conspires with or assists a third person to cause the hospitalization or admission of the person under this title; or
(2) Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title.
(b) A person commits a Class E felony who: (1) Without probable cause to believe a person has mental illness or serious emotional disturbance executes a petition, application, or certificate under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, admission, or restraint of the person; or (2) Knowingly makes any false certificate or application under this title.
(1) Without probable cause to believe a person has mental illness or serious emotional disturbance executes a petition, application, or certificate under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, admission, or restraint of the person; or
(2) Knowingly makes any false certificate or application under this title.
(c) The commissioner or the chief officer of any hospital or treatment resource acting pursuant to this title shall be entitled to rely in good faith upon the representations made for admission by any person or any certification with respect to any person made by a professional authorized to provide certificates under this title or any court.
(d) All persons acting in good faith, reasonably and without negligence in connection with the preparation of petitions, applications, certificates or other documents or the apprehension, detention, discharge, examination, transportation or treatment of a person under this title shall be free from all liability, civil or criminal, by reason of the acts.
Amended by 2024 Tenn. Acts, ch. 688,s 81, eff. 7/1/2024.
Acts 1965, ch. 38, § 6; 1974, ch. 802, § 17; 1975, ch. 248, § 1; T.C.A., § 33-304; Acts 1984, ch. 922, § 2; 1986, ch. 570, § 2; 1989, ch. 591, § 29; T.C.A., § 33-3-102 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-610 — TN Code / Title 33 / Chapter 3 / Section 33-3-610
Place of hearing
Status: in_force

The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the defendant. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses. The court shall determine the place of the hearing and may exclude the public from the hearing on motion of the defendant if the interests of the defendant and the public would best be served by exclusion. Acts 1983, ch. 323, § 9; T.C.A., § 33-369; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the defendant. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses. The court shall determine the place of the hearing and may exclude the public from the hearing on motion of the defendant if the interests of the defendant and the public would best be served by exclusion.
Acts 1983, ch. 323, § 9; T.C.A., § 33-369; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-104 — TN Code / Title 33 / Chapter 2 / Section 33-2-104
Core values of service system
Status: in_force

The core values of the service system shall include: (1) The system of care is person-centered and family-focused, with the needs and choices of the individual and family, as appropriate, determining the types and mix of services and supports provided, because, to make good decisions, service recipients and their families need complete information about the availability, alternatives, and costs of services and supports, how the decision-making process works, and how to participate in that process; (2) The system of care provides individualized services and supports based on an individualized service plan that is comprehensive, coordinated, age appropriate, provides smooth transition through life stages, involves families as appropriate, and is developed by qualified professionals in consultation with service recipients and family members as appropriate; (3) The system of care is community-based and provides for service in the least restrictive, most appropriate setting; (4) The system of care is culturally competent with agencies, programs, services, and supports that are responsive to the cultural, racial, and ethnic differences of the populations they serve; (5) The system of care takes into account the safety and health of service recipients, while respecting their choices and protecting their rights, including their right to be free from abuse, neglect, and exploitation; and (6) The system of care is continuously improved based on research and best practices. Acts 2000, ch. 947, § 1.
The core values of the service system shall include:
(1) The system of care is person-centered and family-focused, with the needs and choices of the individual and family, as appropriate, determining the types and mix of services and supports provided, because, to make good decisions, service recipients and their families need complete information about the availability, alternatives, and costs of services and supports, how the decision-making process works, and how to participate in that process;
(2) The system of care provides individualized services and supports based on an individualized service plan that is comprehensive, coordinated, age appropriate, provides smooth transition through life stages, involves families as appropriate, and is developed by qualified professionals in consultation with service recipients and family members as appropriate;
(3) The system of care is community-based and provides for service in the least restrictive, most appropriate setting;
(4) The system of care is culturally competent with agencies, programs, services, and supports that are responsive to the cultural, racial, and ethnic differences of the populations they serve;
(5) The system of care takes into account the safety and health of service recipients, while respecting their choices and protecting their rights, including their right to be free from abuse, neglect, and exploitation; and
(6) The system of care is continuously improved based on research and best practices.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-613 — TN Code / Title 33 / Chapter 6 / Section 33-6-613
Substitution of qualified mental health professional
Status: in_force

A person's qualified mental health professional shall appoint a qualified mental health professional as a substitute in the absence of the appointing professional. Acts 2000, ch. 947, § 1.
A person's qualified mental health professional shall appoint a qualified mental health professional as a substitute in the absence of the appointing professional.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-220 — TN Code / Title 33 / Chapter 3 / Section 33-3-220
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 67, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 20.
Repealed by 2024 Tenn. Acts, ch. 688,s 67, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 20.
Tenn. Code Ann. § 33-10-504 — TN Code / Title 33 / Chapter 10 / Section 33-10-504
Grants for tools to aid youth in resisting pressure to use alcohol, tobacco and drugs
Status: in_force

(a) Subject to the availability of funding in the general appropriations act, grants shall be provided in such amounts as determined by the commissioner to organizations that have or that develop a resistance training/social skills program to provide the necessary tools to the youth of this state, to aid them in successfully resisting peer and media pressures to use alcohol, tobacco and other drugs and to understand the physical and social changes taking place in their lives. (b) In order to qualify for a grant, the components of a program offered by an organization must, at a minimum, have: (1) An in-service training that provides staff and volunteers with an overview of the program and suggests ways to incorporate the prevention message into any other programs offered by the organization; (2) A skills development program for boys and girls six (6) to nine (9) years of age. The program focus on this age group shall be on self-awareness, decision-making and interpersonal skills, while communicating age-appropriate information about alcohol, tobacco and other drugs; (3) A resistance skills program for youth nine (9) to twelve (12) years of age that focuses on ways to identify and resist peer, social and media pressures to use alcohol, tobacco and other drugs; (4) A social skills program for adolescents thirteen (13) to fifteen (15) years of age, that teaches resistance skills, stresses reduction techniques, communication skills, assertiveness training and life planning and that provides accurate information about alcohol, tobacco and other drug use; (5) A program for parents that emphasizes communication skills and factual information about alcohol, tobacco and other drug use; and (6) A plan that implements community service projects in which youth and adults work as a team, the end result of which enhances the self-esteem of the participating youth and gives them a sense of accomplishment and a sense of belonging to the community. (c) If the program of an organization provides some, but not all, of these components, then, in the discretion of the commissioner, the organization may qualify for a percentage of the grant that equates to the percentage of the components the organization offers. Acts 2005, ch. 484, § 5; 2009, ch. 186, § 43; T.C.A. § 68-1-604 .
(a) Subject to the availability of funding in the general appropriations act, grants shall be provided in such amounts as determined by the commissioner to organizations that have or that develop a resistance training/social skills program to provide the necessary tools to the youth of this state, to aid them in successfully resisting peer and media pressures to use alcohol, tobacco and other drugs and to understand the physical and social changes taking place in their lives.
(b) In order to qualify for a grant, the components of a program offered by an organization must, at a minimum, have: (1) An in-service training that provides staff and volunteers with an overview of the program and suggests ways to incorporate the prevention message into any other programs offered by the organization; (2) A skills development program for boys and girls six (6) to nine (9) years of age. The program focus on this age group shall be on self-awareness, decision-making and interpersonal skills, while communicating age-appropriate information about alcohol, tobacco and other drugs; (3) A resistance skills program for youth nine (9) to twelve (12) years of age that focuses on ways to identify and resist peer, social and media pressures to use alcohol, tobacco and other drugs; (4) A social skills program for adolescents thirteen (13) to fifteen (15) years of age, that teaches resistance skills, stresses reduction techniques, communication skills, assertiveness training and life planning and that provides accurate information about alcohol, tobacco and other drug use; (5) A program for parents that emphasizes communication skills and factual information about alcohol, tobacco and other drug use; and (6) A plan that implements community service projects in which youth and adults work as a team, the end result of which enhances the self-esteem of the participating youth and gives them a sense of accomplishment and a sense of belonging to the community.
(1) An in-service training that provides staff and volunteers with an overview of the program and suggests ways to incorporate the prevention message into any other programs offered by the organization;
(2) A skills development program for boys and girls six (6) to nine (9) years of age. The program focus on this age group shall be on self-awareness, decision-making and interpersonal skills, while communicating age-appropriate information about alcohol, tobacco and other drugs;
(3) A resistance skills program for youth nine (9) to twelve (12) years of age that focuses on ways to identify and resist peer, social and media pressures to use alcohol, tobacco and other drugs;
(4) A social skills program for adolescents thirteen (13) to fifteen (15) years of age, that teaches resistance skills, stresses reduction techniques, communication skills, assertiveness training and life planning and that provides accurate information about alcohol, tobacco and other drug use;
(5) A program for parents that emphasizes communication skills and factual information about alcohol, tobacco and other drug use; and
(6) A plan that implements community service projects in which youth and adults work as a team, the end result of which enhances the self-esteem of the participating youth and gives them a sense of accomplishment and a sense of belonging to the community.
(c) If the program of an organization provides some, but not all, of these components, then, in the discretion of the commissioner, the organization may qualify for a percentage of the grant that equates to the percentage of the components the organization offers.
Acts 2005, ch. 484, § 5; 2009, ch. 186, § 43; T.C.A. § 68-1-604 .
Tenn. Code Ann. § 33-9-106 — TN Code / Title 33 / Chapter 9 / Section 33-9-106
Power of agent
Status: in_force

An appointed agent who receives the fugitive into custody shall be empowered to transmit the person to the state from which the person fled. Acts 1917, ch. 115, § 4; Shan., § 5499a9; Code 1932, § 9667; T.C.A. (orig. ed.), § 33-1008; Acts 2000, ch. 947, § 1.
An appointed agent who receives the fugitive into custody shall be empowered to transmit the person to the state from which the person fled.
Acts 1917, ch. 115, § 4; Shan., § 5499a9; Code 1932, § 9667; T.C.A. (orig. ed.), § 33-1008; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-203 — TN Code / Title 33 / Chapter 10 / Section 33-10-203
Arrests for public intoxication
Status: in_force

(a) All arrests and court proceedings for public intoxication or drunkenness in this state shall be under § 39-17-310 , to the exclusion of any common law or statutory offense now being enforced. (b) No county, municipality or other political subdivision of this state shall adopt any local law, ordinance, resolution or regulation having the force of law rendering public intoxication or drunkenness in and of itself or being a common drunkard or being found in enumerated places in an intoxicated condition, an offense, a violation of the subject of criminal or civil penalties or sanctions of any kind. (c) Nothing contained in this section shall affect any laws, ordinances, resolutions or regulations against drunken driving, driving under the influence of alcohol or other similar offenses that involve the operation of motor vehicles, machinery or other hazardous equipment. (d) Any fines collected under § 39-17-310 shall be retained by the unit of local government over which the court has jurisdiction. Acts 1973, ch. 295, § 23; T.C.A., § 33-818; Acts 1993, ch. 234, § 5; T.C.A., § 33-8-203 ; Acts 1996, ch. 675, § 70; 2009, ch. 186, § 23; T.C.A., § 68-24-203 .
(a) All arrests and court proceedings for public intoxication or drunkenness in this state shall be under § 39-17-310 , to the exclusion of any common law or statutory offense now being enforced.
(b) No county, municipality or other political subdivision of this state shall adopt any local law, ordinance, resolution or regulation having the force of law rendering public intoxication or drunkenness in and of itself or being a common drunkard or being found in enumerated places in an intoxicated condition, an offense, a violation of the subject of criminal or civil penalties or sanctions of any kind.
(c) Nothing contained in this section shall affect any laws, ordinances, resolutions or regulations against drunken driving, driving under the influence of alcohol or other similar offenses that involve the operation of motor vehicles, machinery or other hazardous equipment.
(d) Any fines collected under § 39-17-310 shall be retained by the unit of local government over which the court has jurisdiction.
Acts 1973, ch. 295, § 23; T.C.A., § 33-818; Acts 1993, ch. 234, § 5; T.C.A., § 33-8-203 ; Acts 1996, ch. 675, § 70; 2009, ch. 186, § 23; T.C.A., § 68-24-203 .
Tenn. Code Ann. § 33-5-101 — TN Code / Title 33 / Chapter 5 / Section 33-5-101
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-302 — TN Code / Title 33 / Chapter 2 / Section 33-2-302
Regulation of compliance
Status: in_force

The department shall regulate compliance with basic quality standards to the extent otherwise authorized by this title. The department may monitor compliance with basic quality standards in all settings, including those over which it does not have regulatory authority. The department may monitor by inspections conducted by other state agencies as part of their regular duties. Acts 2000, ch. 947, § 1.
The department shall regulate compliance with basic quality standards to the extent otherwise authorized by this title. The department may monitor compliance with basic quality standards in all settings, including those over which it does not have regulatory authority. The department may monitor by inspections conducted by other state agencies as part of their regular duties.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-417 — TN Code / Title 33 / Chapter 6 / Section 33-6-417
Release or transfer prior to hearing
Status: in_force

If the defendant is released under § 33-6-705 or this part before the § 33-6-422 hearing, the chief officer shall notify the court that ordered the defendant's emergency diagnosis, evaluation and treatment. If the defendant is transferred to another facility before the § 33-6-422 hearing, the court shall transfer the hearing to the general sessions court of the county to which the defendant is transferred, and the hearing shall be held within five (5) days of the defendant's original detention under this part. Acts 2000, ch. 947, § 1.
If the defendant is released under § 33-6-705 or this part before the § 33-6-422 hearing, the chief officer shall notify the court that ordered the defendant's emergency diagnosis, evaluation and treatment. If the defendant is transferred to another facility before the § 33-6-422 hearing, the court shall transfer the hearing to the general sessions court of the county to which the defendant is transferred, and the hearing shall be held within five (5) days of the defendant's original detention under this part.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-1103 — TN Code / Title 33 / Chapter 2 / Section 33-2-1103
Persons liable for charges
Status: in_force

If a person is a service recipient in a program operated by the department or is the parent of an unemancipated child who is a service recipient in a program operated by the department, then the person is liable for the charges for the services and supports provided. Acts 1983, ch. 323, § 32; T.C.A. (orig. ed.), 33-4-104; Acts 1996, ch. 795, § 3; T.C.A., § 33-4-103 ; Acts 2000, ch. 947, § 1.
If a person is a service recipient in a program operated by the department or is the parent of an unemancipated child who is a service recipient in a program operated by the department, then the person is liable for the charges for the services and supports provided.
Acts 1983, ch. 323, § 32; T.C.A. (orig. ed.), 33-4-104; Acts 1996, ch. 795, § 3; T.C.A., § 33-4-103 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-427 — TN Code / Title 33 / Chapter 6 / Section 33-6-427
Authority of licensed psychologist or other mental health professional
Status: in_force

(a) If a person is a licensed psychologist designated as a health service provider by the board of healing arts and is actively practicing as such, the person may take any action authorized and perform any duty imposed on a physician by §§ 33-6-401 - 33-6-406. (b) The commissioner may designate a person to take any action authorized and perform any duty imposed on a physician by §§ 33-6-401 - 33-6-406 to the extent the duties are within the scope of practice of the profession in which the person is licensed or certified, if the person: (1) Is a qualified mental health professional under § 33-1-101 or is a licensed physician assistant with a master's degree and expertise in psychiatry as determined by the department based upon training, education or experience; (2) Is licensed or certified to practice in the state if required for the discipline; and (3) Satisfactorily completes a training program approved and provided by the department on emergency commitment criteria and procedures. (c) Subsection (b) does not affect any property right of an employee of the state while the person is acting in the person's capacity as employee of the state. Amended by 2014 Tenn. Acts, ch. 688,s 1, eff. 4/15/2014. Acts 2000, ch. 947, § 1; 2001, ch. 334, § 5; 2002, ch. 730, § 43.
(a) If a person is a licensed psychologist designated as a health service provider by the board of healing arts and is actively practicing as such, the person may take any action authorized and perform any duty imposed on a physician by §§ 33-6-401 - 33-6-406.
(b) The commissioner may designate a person to take any action authorized and perform any duty imposed on a physician by §§ 33-6-401 - 33-6-406 to the extent the duties are within the scope of practice of the profession in which the person is licensed or certified, if the person: (1) Is a qualified mental health professional under § 33-1-101 or is a licensed physician assistant with a master's degree and expertise in psychiatry as determined by the department based upon training, education or experience; (2) Is licensed or certified to practice in the state if required for the discipline; and (3) Satisfactorily completes a training program approved and provided by the department on emergency commitment criteria and procedures.
(1) Is a qualified mental health professional under § 33-1-101 or is a licensed physician assistant with a master's degree and expertise in psychiatry as determined by the department based upon training, education or experience;
(2) Is licensed or certified to practice in the state if required for the discipline; and
(3) Satisfactorily completes a training program approved and provided by the department on emergency commitment criteria and procedures.
(c) Subsection (b) does not affect any property right of an employee of the state while the person is acting in the person's capacity as employee of the state.
Amended by 2014 Tenn. Acts, ch. 688,s 1, eff. 4/15/2014.
Acts 2000, ch. 947, § 1; 2001, ch. 334, § 5; 2002, ch. 730, § 43.
Tenn. Code Ann. § 33-10-409 — TN Code / Title 33 / Chapter 10 / Section 33-10-409
Patients in treatment or social services facilities - Visitation and communication - Patients' rights - Detention
Status: in_force

(a) Patients in any approved treatment or social services facility shall be granted opportunities for visitation and communication with their families and friends consistent with an effective treatment program. Patients shall be permitted to consult with counsel at any time. In determining whether to detain a person under this part, the facility administrator shall also give due consideration to the immediate effect on the individual's employment and shall detain the individual only when the individual's immediate welfare dictates. (b) Neither mail nor other communication to or from a patient in any approved treatment or social services facility may be intercepted, read or censored. The approved treatment or social services facility may adopt reasonable policies regarding the use of the telephone in the facility. Acts 1990, ch. 639, § 8; 1991, ch. 376, § 5; 1993, ch. 234, § 8; T.C.A., § 33-8-509; Acts 2009, ch. 186, § 34; T.C.A. § 68-24-509 .
(a) Patients in any approved treatment or social services facility shall be granted opportunities for visitation and communication with their families and friends consistent with an effective treatment program. Patients shall be permitted to consult with counsel at any time. In determining whether to detain a person under this part, the facility administrator shall also give due consideration to the immediate effect on the individual's employment and shall detain the individual only when the individual's immediate welfare dictates.
(b) Neither mail nor other communication to or from a patient in any approved treatment or social services facility may be intercepted, read or censored. The approved treatment or social services facility may adopt reasonable policies regarding the use of the telephone in the facility.
Acts 1990, ch. 639, § 8; 1991, ch. 376, § 5; 1993, ch. 234, § 8; T.C.A., § 33-8-509; Acts 2009, ch. 186, § 34; T.C.A. § 68-24-509 .
Tenn. Code Ann. § 33-6-423 — TN Code / Title 33 / Chapter 6 / Section 33-6-423
Release of defendant if findings not made by court
Status: in_force

The court shall order the release of the defendant from the hospital or treatment resource and terminate the proceedings under this part, if the court does not find both that: (1) There is probable cause to believe that the defendant is subject to care and treatment under § 33-6-502 ; and (2) There is probable cause to believe that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible under § 33-6-403 . Acts 2000, ch. 947, § 1.
The court shall order the release of the defendant from the hospital or treatment resource and terminate the proceedings under this part, if the court does not find both that:
(1) There is probable cause to believe that the defendant is subject to care and treatment under § 33-6-502 ; and
(2) There is probable cause to believe that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible under § 33-6-403 .
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-616 — TN Code / Title 33 / Chapter 3 / Section 33-3-616
Place of detention
Status: in_force

No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime. Acts 1983, ch. 323, § 9; T.C.A., § 33-375; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime.
Acts 1983, ch. 323, § 9; T.C.A., § 33-375; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-306 — TN Code / Title 33 / Chapter 6 / Section 33-6-306
Notice of status and rights as service recipient
Status: in_force

At the time of admission to an extended observation bed, the person shall be given written notice of the person's status and rights as a service recipient under this title. The notice shall contain the service recipient's name. The notice shall be provided to the same persons and in the manner as if the service recipient had been admitted under chapter 6, part 4 of this title. Acts 2000, ch. 947, § 1.
At the time of admission to an extended observation bed, the person shall be given written notice of the person's status and rights as a service recipient under this title. The notice shall contain the service recipient's name. The notice shall be provided to the same persons and in the manner as if the service recipient had been admitted under chapter 6, part 4 of this title.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-806 — TN Code / Title 33 / Chapter 2 / Section 33-2-806
Trespassing on hospital or developmental center grounds - Penalty
Status: in_force

The enclosed premises and the adjoining land belonging to or used by and for any of the state facilities, are private grounds. If a person goes on the premises without authority or permission, the person commits a Class C misdemeanor. Acts 1965, ch. 82, § 15; 1974, ch. 802, § 14; T.C.A., § 33-208; Acts 1989, ch. 591, § 113; T.C.A., § 33-2-108; Acts 2000, ch. 947, § 1.
The enclosed premises and the adjoining land belonging to or used by and for any of the state facilities, are private grounds. If a person goes on the premises without authority or permission, the person commits a Class C misdemeanor.
Acts 1965, ch. 82, § 15; 1974, ch. 802, § 14; T.C.A., § 33-208; Acts 1989, ch. 591, § 113; T.C.A., § 33-2-108; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-314 — TN Code / Title 33 / Chapter 8 / Section 33-8-314
Report on use of convulsive therapies
Status: in_force

The department shall report annually to the statewide planning and policy council on the use of electroconvulsive and other convulsive therapies. Acts 2000, ch. 947, § 1.
The department shall report annually to the statewide planning and policy council on the use of electroconvulsive and other convulsive therapies.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-210 — TN Code / Title 33 / Chapter 5 / Section 33-5-210
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 615, s 3, eff. 3/22/2016. Acts 1992, ch. 981, § 12; T.C.A., § 33-5-411; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 615, s 3, eff. 3/22/2016.
Acts 1992, ch. 981, § 12; T.C.A., § 33-5-411; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-412 — TN Code / Title 33 / Chapter 2 / Section 33-2-412
Suit to enjoin services rendered without license or under suspended or revoked license
Status: in_force

(a) The department may sue to enjoin any person, partnership, association or corporation from establishing, conducting, managing or operating any service or facility providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services within the meaning of this part without having obtained a license or while its license has been suspended or revoked. Suit may be brought 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 violations occurred. (b) In charging any defendant in a complaint for injunction, it shall be sufficient to charge that the defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a service or facility providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services or that the defendant is about to do so without having a license, without averring any further or more particular facts concerning the case. Amended by 2024 Tenn. Acts, ch. 688,s 45, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 45, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 45, eff. 7/1/2024. Acts 1978, ch. 853, § 8; 1981, ch. 436, § 5; T.C.A., § 33-1808; Acts 1988, ch. 828, § 8; 1993, ch. 234, § 26; T.C.A., § 33-2-508; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-411 ; Acts 2001, ch. 282, § 6; 2001, ch. 299, § 1; 2012 , ch. 1010, § 10.
(a) The department may sue to enjoin any person, partnership, association or corporation from establishing, conducting, managing or operating any service or facility providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services within the meaning of this part without having obtained a license or while its license has been suspended or revoked. Suit may be brought 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 violations occurred.
(b) In charging any defendant in a complaint for injunction, it shall be sufficient to charge that the defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a service or facility providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services or that the defendant is about to do so without having a license, without averring any further or more particular facts concerning the case.
Amended by 2024 Tenn. Acts, ch. 688,s 45, eff. 7/1/2024.
Acts 1978, ch. 853, § 8; 1981, ch. 436, § 5; T.C.A., § 33-1808; Acts 1988, ch. 828, § 8; 1993, ch. 234, § 26; T.C.A., § 33-2-508; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-411 ; Acts 2001, ch. 282, § 6; 2001, ch. 299, § 1; 2012 , ch. 1010, § 10.
Tenn. Code Ann. § 33-6-109 — TN Code / Title 33 / Chapter 6 / Section 33-6-109
Quarterly report on the implementation and impact of available suitable accommodations
Status: in_force

The department shall report quarterly to the health committee of the house of representatives, the health and welfare committee of the senate, and the finance, ways and means committees of both the house of representatives and the senate on the implementation and the impact of available suitable accommodations, including the number and length of any delayed admissions. Amended by 2013 Tenn. Acts, ch. 236,s 51, eff. 4/19/2013. Acts 2009, ch. 531, § 57.
The department shall report quarterly to the health committee of the house of representatives, the health and welfare committee of the senate, and the finance, ways and means committees of both the house of representatives and the senate on the implementation and the impact of available suitable accommodations, including the number and length of any delayed admissions.
Amended by 2013 Tenn. Acts, ch. 236,s 51, eff. 4/19/2013.
Acts 2009, ch. 531, § 57.
Tenn. Code Ann. § 33-4-108 — TN Code / Title 33 / Chapter 4 / Section 33-4-108
Certificate of need - Basis - Contents - Violation
Status: in_force

(a) A certificate of need for commitment for care and treatment of a person with mental illness or serious emotional disturbance is not valid for any purpose unless it is based on personal observation and examination of the person made by the professional not more than three (3) days prior to the making of the certificate. The certificate shall state the facts and reasoning on which the opinions and conclusions are based. (b) The execution of a certificate concerning the mental condition of a person by a professional who has not personally observed and examined the person is a Class E felony. Amended by 2024 Tenn. Acts, ch. 688,s 89, eff. 7/1/2024. Acts 1983, ch. 323, § 16; T.C.A., §§ 33-347, 33-3-110; Acts 2000, ch. 947, § 1.
(a) A certificate of need for commitment for care and treatment of a person with mental illness or serious emotional disturbance is not valid for any purpose unless it is based on personal observation and examination of the person made by the professional not more than three (3) days prior to the making of the certificate. The certificate shall state the facts and reasoning on which the opinions and conclusions are based.
(b) The execution of a certificate concerning the mental condition of a person by a professional who has not personally observed and examined the person is a Class E felony.
Amended by 2024 Tenn. Acts, ch. 688,s 89, eff. 7/1/2024.
Acts 1983, ch. 323, § 16; T.C.A., §§ 33-347, 33-3-110; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-401 — TN Code / Title 33 / Chapter 10 / Section 33-10-401
Short title
Status: in_force

This part shall be known and may be cited as the "Alcohol Abuse Prevention Act of 1990," and shall establish programs and procedures to permit the detention and treatment of persons intoxicated or incapacitated by alcohol. Acts 1990, ch. 639, § 2; 1993, ch. 234, § 8; T.C.A., § 33-8-501; Acts 2009, ch. 186, § 26; T.C.A. § 68-24-501 .
This part shall be known and may be cited as the "Alcohol Abuse Prevention Act of 1990," and shall establish programs and procedures to permit the detention and treatment of persons intoxicated or incapacitated by alcohol.
Acts 1990, ch. 639, § 2; 1993, ch. 234, § 8; T.C.A., § 33-8-501; Acts 2009, ch. 186, § 26; T.C.A. § 68-24-501 .
Tenn. Code Ann. § 33-4-206 — TN Code / Title 33 / Chapter 4 / Section 33-4-206
Other assets received by guardian or conservator
Status: in_force

All other assets received by a legal guardian or conservator appointed under this part shall be handled as state property, except that the legal guardian or conservator may dispose of the assets in the exercise of the appointment free of laws governing the disposition of state property and shall keep a record of the disposition of all the property and the reason for the disposition. Acts 1983, ch. 323, § 4; T.C.A., §§ 33-333, 33-3-904(b); Acts 2000, ch. 947, § 1.
All other assets received by a legal guardian or conservator appointed under this part shall be handled as state property, except that the legal guardian or conservator may dispose of the assets in the exercise of the appointment free of laws governing the disposition of state property and shall keep a record of the disposition of all the property and the reason for the disposition.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-333, 33-3-904(b); Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-203 — TN Code / Title 33 / Chapter 1 / Section 33-1-203
Principles of service
Status: in_force

The following service principles are fundamental to carrying out the department's responsibilities: (1) Stable service systems that provide flexibility, advocacy, effective communication, targeted outcomes, continuous evaluation, and improvement based on best practice and research; (2) Early identification of needs and the inclusion of both prevention and early intervention services and supports; (3) Timely response to the needs, rights and desires of those served; (4) Treating service recipients and families with dignity and respect; (5) Protection of service recipients from abuse, neglect, and exploitation; (6) Accurate and responsible accountability for the use of public resources; (7) Ongoing education and skills development of the workforce; and (8) Cultural competence of persons providing service. Acts 2000, ch. 947, § 1.
The following service principles are fundamental to carrying out the department's responsibilities:
(1) Stable service systems that provide flexibility, advocacy, effective communication, targeted outcomes, continuous evaluation, and improvement based on best practice and research;
(2) Early identification of needs and the inclusion of both prevention and early intervention services and supports;
(3) Timely response to the needs, rights and desires of those served;
(4) Treating service recipients and families with dignity and respect;
(5) Protection of service recipients from abuse, neglect, and exploitation;
(6) Accurate and responsible accountability for the use of public resources;
(7) Ongoing education and skills development of the workforce; and
(8) Cultural competence of persons providing service.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-606 — TN Code / Title 33 / Chapter 6 / Section 33-6-606
Amendment of outpatient treatment plan
Status: in_force

After discharge the qualified mental health professional may change the treatment plan to meet the person's treatment needs. If the qualified mental health professional changes the treatment plan, the person's obligation to participate in the treatment continues. 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(e) ; Acts 2000, ch. 947, § 1.
After discharge the qualified mental health professional may change the treatment plan to meet the person's treatment needs. If the qualified mental health professional changes the treatment plan, the person's obligation to participate in the treatment continues.
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(e) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-7-404 — TN Code / Title 33 / Chapter 7 / Section 33-7-404
Periodic need assessment
Status: in_force

A service provider for a person under § 33-7-401 shall assess the person's needs at least every six (6) months and shall report to the court every six (6) months on the person's progress toward the goal of the plan, prospects for recovery, the person's current condition, the time required for relevant kinds of recovery, and whether there is substantial probability that the person will become competent to stand trial in the foreseeable future. A service provider may request the court to release the person from the plan at any time. Acts 2000, ch. 947, § 1.
A service provider for a person under § 33-7-401 shall assess the person's needs at least every six (6) months and shall report to the court every six (6) months on the person's progress toward the goal of the plan, prospects for recovery, the person's current condition, the time required for relevant kinds of recovery, and whether there is substantial probability that the person will become competent to stand trial in the foreseeable future. A service provider may request the court to release the person from the plan at any time.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-605 — TN Code / Title 33 / Chapter 6 / Section 33-6-605
Discharge of patient - Notice to court of discharge subject to outpatient treatment
Status: in_force

(a) IF (1) (A) the person does not request judicial review of the discharge plan, OR (B) the court approves an outpatient treatment plan after a hearing under § 33-6-604 , THEN (b) IF (1) (A) the person is subject to judicial review under § 33-6-708 , THEN (B) the person shall be discharged in conformity with § 33-6-708 , AND (c) IF (1) (A) the person is not subject to judicial review under § 33-6-708 , THEN (B) the hospital shall discharge the person, AND (2) the hospital shall notify the committing court that the person has been discharged subject to the obligation to participate in the outpatient treatment. 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(d) ; Acts 2000, ch. 947, § 1.
(a) IF (1) (A) the person does not request judicial review of the discharge plan, OR (B) the court approves an outpatient treatment plan after a hearing under § 33-6-604 , THEN
(1) (A) the person does not request judicial review of the discharge plan, OR (B) the court approves an outpatient treatment plan after a hearing under § 33-6-604 , THEN
(A) the person does not request judicial review of the discharge plan, OR
(B) the court approves an outpatient treatment plan after a hearing under § 33-6-604 , THEN
THEN
(b) IF (1) (A) the person is subject to judicial review under § 33-6-708 , THEN (B) the person shall be discharged in conformity with § 33-6-708 , AND
(1) (A) the person is subject to judicial review under § 33-6-708 , THEN (B) the person shall be discharged in conformity with § 33-6-708 , AND
(A) the person is subject to judicial review under § 33-6-708 , THEN
THEN
(B) the person shall be discharged in conformity with § 33-6-708 , AND
(c) IF (1) (A) the person is not subject to judicial review under § 33-6-708 , THEN (B) the hospital shall discharge the person, AND (2) the hospital shall notify the committing court that the person has been discharged subject to the obligation to participate in the outpatient treatment.
(1) (A) the person is not subject to judicial review under § 33-6-708 , THEN (B) the hospital shall discharge the person, AND
(A) the person is not subject to judicial review under § 33-6-708 , THEN
THEN
(B) the hospital shall discharge the person, AND
(2) the hospital shall notify the committing court that the person has been discharged subject to the obligation to participate in the outpatient treatment.
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(d) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-202 — TN Code / Title 33 / Chapter 2 / Section 33-2-202
Mental health planning and policy, and regional planning and policy councils established
Status: in_force

The department shall establish a state mental health planning and policy council, a regional citizen-based planning council, and policy councils composed of service recipients, family members of service recipients, service recipient advocates for children, adults, and the elderly, service providers, and other affected persons and organizations for the department's service areas. The councils shall: (1) Advise the statewide planning and policy council on the three-year plan, including the desirable array of prevention, early intervention, treatment, and habilitation services and supports for service recipients and their families, and such other matters as the commissioner or the statewide planning and policy council may request; and (2) Provide information and advice to the department on policy, formulation of budget requests, and development and evaluation of services and supports. Amended by 2024 Tenn. Acts, ch. 688,s 25, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
The department shall establish a state mental health planning and policy council, a regional citizen-based planning council, and policy councils composed of service recipients, family members of service recipients, service recipient advocates for children, adults, and the elderly, service providers, and other affected persons and organizations for the department's service areas. The councils shall:
(1) Advise the statewide planning and policy council on the three-year plan, including the desirable array of prevention, early intervention, treatment, and habilitation services and supports for service recipients and their families, and such other matters as the commissioner or the statewide planning and policy council may request; and
(2) Provide information and advice to the department on policy, formulation of budget requests, and development and evaluation of services and supports.
Amended by 2024 Tenn. Acts, ch. 688,s 25, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-9-204 — TN Code / Title 33 / Chapter 9 / Section 33-9-204
Financial obligations
Status: in_force

The compact administrator, subject to the approval of the commissioner of finance and administration, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder. Acts 1971, ch. 364, § 4; T.C.A, § 33-1504; Acts 2000, ch. 947, § 1.
The compact administrator, subject to the approval of the commissioner of finance and administration, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
Acts 1971, ch. 364, § 4; T.C.A, § 33-1504; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-4-202 — TN Code / Title 33 / Chapter 4 / Section 33-4-202
Qualifications of guardian, conservator or trustee
Status: in_force

An employee appointed under this part as legal guardian, conservator, or trustee for a person shall have sufficient background to understand the person's mental illness or serious emotional disturbance. Accepting an appointment may not be made a condition of employment unless the duties are a normal part of the employee's duties and there is no conflict of interest. No employee may be appointed as legal guardian, conservator, or trustee of a person who is in the facility in which the employee works. Amended by 2024 Tenn. Acts, ch. 688,s 90, eff. 7/1/2024. Acts 1983, ch. 323, § 4; T.C.A., §§ 33-336, 33-3-907; Acts 2000, ch. 947, § 1.
An employee appointed under this part as legal guardian, conservator, or trustee for a person shall have sufficient background to understand the person's mental illness or serious emotional disturbance. Accepting an appointment may not be made a condition of employment unless the duties are a normal part of the employee's duties and there is no conflict of interest. No employee may be appointed as legal guardian, conservator, or trustee of a person who is in the facility in which the employee works.
Amended by 2024 Tenn. Acts, ch. 688,s 90, eff. 7/1/2024.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-336, 33-3-907; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-302 — TN Code / Title 33 / Chapter 3 / Section 33-3-302
Transfer to veterans' administration facilities
Status: in_force

Upon receipt of a certificate of the veterans' administration that facilities are available for the care or treatment of a person ordered hospitalized pursuant to chapter 6, part 5 of this title, in any hospital for the care or treatment of persons with mental illness or serious emotional disturbance and that the person is eligible for care or treatment in a veterans' hospital or facility of the agency located in this state, the commissioner may cause the person's transfer to the veterans' hospital or facility of the United States for hospitalization in this state. No person shall be transferred to a veterans' hospital or facility of the United States if the person is confined based on conviction of a criminal offense, or if the person has been acquitted of the charge solely on the ground of mental illness, unless prior to the transfer, the court originally ordering confinement of the person enters an order for the transfer after appropriate motion and hearing. A person transferred to a veterans' hospital or facility shall be considered to be hospitalized by the veterans' administration of the United States under the original order of hospitalization. Acts 1965, ch. 38, § 4(b); T.C.A., § 33-610; Acts 2000, ch. 947, § 1.
Upon receipt of a certificate of the veterans' administration that facilities are available for the care or treatment of a person ordered hospitalized pursuant to chapter 6, part 5 of this title, in any hospital for the care or treatment of persons with mental illness or serious emotional disturbance and that the person is eligible for care or treatment in a veterans' hospital or facility of the agency located in this state, the commissioner may cause the person's transfer to the veterans' hospital or facility of the United States for hospitalization in this state. No person shall be transferred to a veterans' hospital or facility of the United States if the person is confined based on conviction of a criminal offense, or if the person has been acquitted of the charge solely on the ground of mental illness, unless prior to the transfer, the court originally ordering confinement of the person enters an order for the transfer after appropriate motion and hearing. A person transferred to a veterans' hospital or facility shall be considered to be hospitalized by the veterans' administration of the United States under the original order of hospitalization.
Acts 1965, ch. 38, § 4(b); T.C.A., § 33-610; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-1301 — TN Code / Title 33 / Chapter 2 / Section 33-2-1301
Department officers, employees and licensees to disclose interest in mental health facilities - Conflict of interest
Status: in_force

IF (1) (A) a person is an officer or employee of the department, OR (B) a person is an officer or employee of a licensee of the department, AND (2) (A) the person or the person's spouse, parent, grandparent, brother, sister, or child has an ownership interest in a residential facility that is not publicly held or an ownership interest in a business that is not publicly held that owns or manages a residential facility that provides mental health services or supports, OR (B) the person or combination of persons named in subdivision (2)(A) has an ownership interest of at least thirty-five percent (35%) in a residential facility that is publicly held that provides mental health services, OR (C) the person or combination of persons named in subdivision (2)(A), has an ownership interest of at least thirty-five percent (35%) in a business that is publicly held that owns or manages a residential facility that provides mental health services, THEN (3) the person shall disclose the interest to the department or licensee, AND (4) the person may not serve in a capacity of decision making or influence or responsibility for the direct referral or placement of persons to any residential facility that provides mental health services or supports. Amended by 2024 Tenn. Acts, ch. 688,s 55, eff. 7/1/2024. Acts 1996, ch. 669, § 1; T.C.A., § 33-3-112(a) ; Acts 2000, ch. 947, § 1.
IF
(1) (A) a person is an officer or employee of the department, OR (B) a person is an officer or employee of a licensee of the department, AND
(A) a person is an officer or employee of the department, OR
(B) a person is an officer or employee of a licensee of the department, AND
(2) (A) the person or the person's spouse, parent, grandparent, brother, sister, or child has an ownership interest in a residential facility that is not publicly held or an ownership interest in a business that is not publicly held that owns or manages a residential facility that provides mental health services or supports, OR (B) the person or combination of persons named in subdivision (2)(A) has an ownership interest of at least thirty-five percent (35%) in a residential facility that is publicly held that provides mental health services, OR (C) the person or combination of persons named in subdivision (2)(A), has an ownership interest of at least thirty-five percent (35%) in a business that is publicly held that owns or manages a residential facility that provides mental health services, THEN
(A) the person or the person's spouse, parent, grandparent, brother, sister, or child has an ownership interest in a residential facility that is not publicly held or an ownership interest in a business that is not publicly held that owns or manages a residential facility that provides mental health services or supports, OR
(B) the person or combination of persons named in subdivision (2)(A) has an ownership interest of at least thirty-five percent (35%) in a residential facility that is publicly held that provides mental health services, OR
(C) the person or combination of persons named in subdivision (2)(A), has an ownership interest of at least thirty-five percent (35%) in a business that is publicly held that owns or manages a residential facility that provides mental health services, THEN
THEN
(3) the person shall disclose the interest to the department or licensee, AND
(4) the person may not serve in a capacity of decision making or influence or responsibility for the direct referral or placement of persons to any residential facility that provides mental health services or supports.
Amended by 2024 Tenn. Acts, ch. 688,s 55, eff. 7/1/2024.
Acts 1996, ch. 669, § 1; T.C.A., § 33-3-112(a) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-4-204 — TN Code / Title 33 / Chapter 4 / Section 33-4-204
Duration of guardianship or conservatorship
Status: in_force

An employee serving as legal guardian or conservator under this part may serve under these provisions only so long as the employee continues to be an employee of the department and for up to ninety (90) days after the ward leaves the state facility. Acts 1983, ch. 323, § 4; T.C.A., §§ 33-332, 33-3-903; Acts 2000, ch. 947, § 1.
An employee serving as legal guardian or conservator under this part may serve under these provisions only so long as the employee continues to be an employee of the department and for up to ninety (90) days after the ward leaves the state facility.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-332, 33-3-903; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-708 — TN Code / Title 33 / Chapter 2 / Section 33-2-708
Center not authorized to act as insurer
Status: in_force

Unless otherwise permitted by law, nothing in this part shall be deemed to grant any community mental health center or group of community mental health centers pursuant to a cooperative agreement, the authority to operate as a health maintenance organization, preferred provider organization, or insurer without obtaining an appropriate license from the department of commerce and insurance. Acts 1998, ch. 1005, § 8; T.C.A., § 33-2-908; Acts 2000, ch. 947, § 1.
Unless otherwise permitted by law, nothing in this part shall be deemed to grant any community mental health center or group of community mental health centers pursuant to a cooperative agreement, the authority to operate as a health maintenance organization, preferred provider organization, or insurer without obtaining an appropriate license from the department of commerce and insurance.
Acts 1998, ch. 1005, § 8; T.C.A., § 33-2-908; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-702 — TN Code / Title 33 / Chapter 2 / Section 33-2-702
Statement of policy
Status: in_force

It is the policy of this state to displace competition among community mental health centers with regulation to the extent set forth in this part and to actively supervise the regulation to the fullest extent required by law, in order to promote cooperation and coordination among community mental health centers in the provision of mental health services to citizens receiving the services under programs funded or administered by departments or agencies of state government, including, but not limited to, the TennCare program. Acts 1998, ch. 1005, § 2; T.C.A., § 33-2-902 ; Acts 2000, ch. 947, § 1; 2001, ch. 349, § 2.
It is the policy of this state to displace competition among community mental health centers with regulation to the extent set forth in this part and to actively supervise the regulation to the fullest extent required by law, in order to promote cooperation and coordination among community mental health centers in the provision of mental health services to citizens receiving the services under programs funded or administered by departments or agencies of state government, including, but not limited to, the TennCare program.
Acts 1998, ch. 1005, § 2; T.C.A., § 33-2-902 ; Acts 2000, ch. 947, § 1; 2001, ch. 349, § 2.
Tenn. Code Ann. § 33-6-408 — TN Code / Title 33 / Chapter 6 / Section 33-6-408
Admission of person already at treatment facility
Status: in_force

If the person has been certified as subject to admission under § 33-6-403 and is already at the hospital or treatment resource at which the person is proposed to be admitted, then 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. The application must be accompanied by the two (2) certificates of need or the one (1) certificate of need executed pursuant to § 33-6-426(b) and must state the reasons and circumstances under which the person was taken into custody. Amended by 2023 Tenn. Acts, ch. 199, s 3, eff. 7/1/2023. Acts 2000, ch. 947, § 1.
If the person has been certified as subject to admission under § 33-6-403 and is already at the hospital or treatment resource at which the person is proposed to be admitted, then 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. The application must be accompanied by the two (2) certificates of need or the one (1) certificate of need executed pursuant to § 33-6-426(b) and must state the reasons and circumstances under which the person was taken into custody.
Amended by 2023 Tenn. Acts, ch. 199, s 3, eff. 7/1/2023.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-408 — TN Code / Title 33 / Chapter 5 / Section 33-5-408
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1981, ch. 224, § 10; T.C.A., § 33-523; Acts 1984, ch. 922, § 10; T.C.A., § 33-5-308; Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1981, ch. 224, § 10; T.C.A., § 33-523; Acts 1984, ch. 922, § 10; T.C.A., § 33-5-308; Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-6-622 — TN Code / Title 33 / Chapter 6 / Section 33-6-622
Hearing on reinstatement order
Status: in_force

(a) If the person files a written request for a hearing with the committing court, within thirty (30) days after receipt of notice the committing court shall hold a hearing to review the decision of the qualified mental health professional. IF AND ONLY IF the court determines that: (1) The person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, (2) 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, (3) The person is not likely to participate in outpatient treatment unless legally obligated to do so, AND (4) Mandatory outpatient treatment is a suitable less drastic alternative to commitment, THEN (5) the obligation to participate in outpatient treatment is renewed for six (6) months. (b) (1) IF, after a hearing, the court does not determine the obligation to participate in outpatient treatment to be renewed, (2) THEN the person is discharged from the outpatient treatment obligation. 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.
(a) If the person files a written request for a hearing with the committing court, within thirty (30) days after receipt of notice the committing court shall hold a hearing to review the decision of the qualified mental health professional. IF AND ONLY IF the court determines that: (1) The person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, (2) 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, (3) The person is not likely to participate in outpatient treatment unless legally obligated to do so, AND (4) Mandatory outpatient treatment is a suitable less drastic alternative to commitment, THEN (5) the obligation to participate in outpatient treatment is renewed for six (6) months.
(1) The person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission,
(2) 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,
(3) The person is not likely to participate in outpatient treatment unless legally obligated to do so, AND
(4) Mandatory outpatient treatment is a suitable less drastic alternative to commitment, THEN
THEN
(5) the obligation to participate in outpatient treatment is renewed for six (6) months.
(b) (1) IF, after a hearing, the court does not determine the obligation to participate in outpatient treatment to be renewed, (2) THEN the person is discharged from the outpatient treatment obligation.
(1) IF, after a hearing, the court does not determine the obligation to participate in outpatient treatment to be renewed,
(2) THEN the person is discharged from the outpatient treatment obligation.
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. § 33-2-1102 — TN Code / Title 33 / Chapter 2 / Section 33-2-1102
Determination of indigency - Periodic payments
Status: in_force

(a) The commissioner, with the approval of the comptroller and the commissioner of finance and administration, shall establish rules for determining indigence and payments to be made periodically by nonindigent recipients of service or their responsible relatives. (b) Periodic payments by the recipient of service or the responsible relative shall be based on ability to pay as determined by factors the commissioner considers relevant. Acts 1983, ch. 323, § 32; 1996, ch. 795, § 2; T.C.A., § 33-4-102 ; Acts 2000, ch. 947, § 1.
(a) The commissioner, with the approval of the comptroller and the commissioner of finance and administration, shall establish rules for determining indigence and payments to be made periodically by nonindigent recipients of service or their responsible relatives.
(b) Periodic payments by the recipient of service or the responsible relative shall be based on ability to pay as determined by factors the commissioner considers relevant.
Acts 1983, ch. 323, § 32; 1996, ch. 795, § 2; T.C.A., § 33-4-102 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-707 — TN Code / Title 33 / Chapter 6 / Section 33-6-707
Persons eligible for discharge subject to mandatory outpatient treatment
Status: in_force

IF (1) a person was committed involuntarily under chapter 6, part 5 of this title, AND (2) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND (3) the person would pose a likelihood of serious harm under § 33-6-501 unless treatment continues, AND (4) voluntary outpatient treatment is not a suitable less drastic alternative to commitment because the person is not likely to participate in outpatient treatment without being legally obligated to do so, THEN (5) the person is eligible for discharge only under § 33-6-602 . 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(c) ; Acts 2000, ch. 947, § 1.
IF
(1) a person was committed involuntarily under chapter 6, part 5 of this title, AND
(2) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND
(3) the person would pose a likelihood of serious harm under § 33-6-501 unless treatment continues, AND
(4) voluntary outpatient treatment is not a suitable less drastic alternative to commitment because the person is not likely to participate in outpatient treatment without being legally obligated to do so, THEN
THEN
(5) the person is eligible for discharge only under § 33-6-602 .
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(c) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-506 — TN Code / Title 33 / Chapter 10 / Section 33-10-506
Authority
Status: in_force

The commissioner is authorized to take any necessary action, subject to this title, in order to effectuate the purposes of this part. Acts 2005, ch. 484, § 6; 2009, ch. 186, § 45; T.C.A. § 68-1-606 .
The commissioner is authorized to take any necessary action, subject to this title, in order to effectuate the purposes of this part.
Acts 2005, ch. 484, § 6; 2009, ch. 186, § 45; T.C.A. § 68-1-606 .
Tenn. Code Ann. § 33-3-409 — TN Code / Title 33 / Chapter 3 / Section 33-3-409
Return of transferee from public facility
Status: in_force

(a) If the chief officer of a receiving facility of the department or, upon approval by the commissioner, the chief officer of a private facility that operates a program for the department determines more than five (5) days, excluding Saturdays, Sundays, and legal holidays, after a person has been transferred, that a person no longer meets the standards for a transfer under this part or that residential care and treatment in the facility are no longer advisable or beneficial, the chief officer shall order the person's return to the department of correction or the department of children's services. (b) The chief officer shall notify the person of the decision in writing not less than seventy-two (72) hours in advance of the proposed transfer. If the person does not object within seventy-two (72) hours of the notice to the proposed return, the person shall be returned to the department of correction or the department of children's services. If the person objects within seventy-two (72) hours of the notice, the chief officer shall convene a transfer committee to review the decision not less than seven (7) days nor more than fourteen (14) days thereafter. The person shall remain at the facility pending the decision of the transfer committee. (c) If the transfer committee determines that the person no longer meets the standards for a transfer under this part or that residential care and treatment in the facility are no longer advisable or beneficial, it shall approve the transfer. (d) The decision of a transfer committee approving or disapproving a transfer under this section is final. The judicial remedy and procedures under part 7 of this chapter do not apply to the transfer committee decision. Acts 1984, ch. 922, § 34; 1988, ch. 828, § 1; 1989, ch. 278, § 33; 1989, ch. 513, §§ 8-12; 1996, ch. 1079, § 50; 2000, ch. 947, §§ 1, 6.
(a) If the chief officer of a receiving facility of the department or, upon approval by the commissioner, the chief officer of a private facility that operates a program for the department determines more than five (5) days, excluding Saturdays, Sundays, and legal holidays, after a person has been transferred, that a person no longer meets the standards for a transfer under this part or that residential care and treatment in the facility are no longer advisable or beneficial, the chief officer shall order the person's return to the department of correction or the department of children's services.
(b) The chief officer shall notify the person of the decision in writing not less than seventy-two (72) hours in advance of the proposed transfer. If the person does not object within seventy-two (72) hours of the notice to the proposed return, the person shall be returned to the department of correction or the department of children's services. If the person objects within seventy-two (72) hours of the notice, the chief officer shall convene a transfer committee to review the decision not less than seven (7) days nor more than fourteen (14) days thereafter. The person shall remain at the facility pending the decision of the transfer committee.
(c) If the transfer committee determines that the person no longer meets the standards for a transfer under this part or that residential care and treatment in the facility are no longer advisable or beneficial, it shall approve the transfer.
(d) The decision of a transfer committee approving or disapproving a transfer under this section is final. The judicial remedy and procedures under part 7 of this chapter do not apply to the transfer committee decision.
Acts 1984, ch. 922, § 34; 1988, ch. 828, § 1; 1989, ch. 278, § 33; 1989, ch. 513, §§ 8-12; 1996, ch. 1079, § 50; 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-2-802 — TN Code / Title 33 / Chapter 2 / Section 33-2-802
Bond of chief officer
Status: in_force

Each chief officer shall give an official bond, in a sum to be fixed by the commissioner of finance and administration, the comptroller of the treasury and the state treasurer, to be executed, conditioned and filed in accordance with title 8, chapter 19. The cost of the bond shall be paid from funds available to the facility. Acts 1965, ch. 82, § 11; 1974, ch. 802, § 10; T.C.A., §§ 33-204, 33-2-104; Acts 2000, ch. 947, § 1.
Each chief officer shall give an official bond, in a sum to be fixed by the commissioner of finance and administration, the comptroller of the treasury and the state treasurer, to be executed, conditioned and filed in accordance with title 8, chapter 19. The cost of the bond shall be paid from funds available to the facility.
Acts 1965, ch. 82, § 11; 1974, ch. 802, § 10; T.C.A., §§ 33-204, 33-2-104; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-110 — TN Code / Title 33 / Chapter 3 / Section 33-3-110
Disclosure to law enforcement agencies in cases of felony acts of bodily harm or sexual abuse
Status: in_force

(a) Section 33-3-103 does not prohibit disclosure to a law enforcement agency that has jurisdiction over felonious acts of bodily harm or sexual offenses that appear to have been committed on the premises of a facility whose records are made confidential by § 33-3-103 . (b) If the felonious act involves a sexual offense governed by title 37, chapter 1, part 6, and title 71, chapter 6, part 1, in a locality having a sex abuse crime unit, disclosure for law enforcement investigative purposes shall be made only to that unit of the law enforcement agency. This section does not limit the requirements of disclosure of reports of harm and access to records required by title 37, chapter 1, parts 4 and 6, and title 71, chapter 6, part 1, for investigations by the department of human services. (c) Permissible disclosure of a felonious act for the purpose of conducting a necessary investigation includes: (1) The name of, and providing access to, witnesses or potential witnesses of the offense; (2) The name of, and providing access to, suspects or potential suspects of the offense; and (3) The scene of, and providing access to, where the offense occurred. Acts 2000, ch. 947, § 1.
(a) Section 33-3-103 does not prohibit disclosure to a law enforcement agency that has jurisdiction over felonious acts of bodily harm or sexual offenses that appear to have been committed on the premises of a facility whose records are made confidential by § 33-3-103 .
(b) If the felonious act involves a sexual offense governed by title 37, chapter 1, part 6, and title 71, chapter 6, part 1, in a locality having a sex abuse crime unit, disclosure for law enforcement investigative purposes shall be made only to that unit of the law enforcement agency. This section does not limit the requirements of disclosure of reports of harm and access to records required by title 37, chapter 1, parts 4 and 6, and title 71, chapter 6, part 1, for investigations by the department of human services.
(c) Permissible disclosure of a felonious act for the purpose of conducting a necessary investigation includes: (1) The name of, and providing access to, witnesses or potential witnesses of the offense; (2) The name of, and providing access to, suspects or potential suspects of the offense; and (3) The scene of, and providing access to, where the offense occurred.
(1) The name of, and providing access to, witnesses or potential witnesses of the offense;
(2) The name of, and providing access to, suspects or potential suspects of the offense; and
(3) The scene of, and providing access to, where the offense occurred.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-209 — TN Code / Title 33 / Chapter 3 / Section 33-3-209
Immunity from liability where duty satisfied
Status: in_force

If a professional or an employee has satisfied the person's duty under § 33-3-206 , § 33-3-208 , or § 33-3-210 , no monetary liability and no cause of action may arise against the professional, an employee, or any service provider in whose service the duty arose for the professional or employee not predicting, warning of, or taking precautions to provide protection from violent behavior by the person with mental illness or serious emotional disturbance. Amended by 2024 Tenn. Acts, ch. 688,s 65, eff. 7/1/2024. Amended by 2013 Tenn. Acts, ch. 300, s 10, eff. 7/1/2013. Acts 1989, ch. 549, § 1; T.C.A., §§ 33-10-302(a) , 33-10-303; Acts 2000, ch. 947, § 1.
If a professional or an employee has satisfied the person's duty under § 33-3-206 , § 33-3-208 , or § 33-3-210 , no monetary liability and no cause of action may arise against the professional, an employee, or any service provider in whose service the duty arose for the professional or employee not predicting, warning of, or taking precautions to provide protection from violent behavior by the person with mental illness or serious emotional disturbance.
Amended by 2024 Tenn. Acts, ch. 688,s 65, eff. 7/1/2024.
Amended by 2013 Tenn. Acts, ch. 300, s 10, eff. 7/1/2013.
Acts 1989, ch. 549, § 1; T.C.A., §§ 33-10-302(a) , 33-10-303; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-4-207 — TN Code / Title 33 / Chapter 4 / Section 33-4-207
Disposition of assets after termination of guardianship or conservatorship
Status: in_force

Upon termination of the guardianship or conservatorship, all assets remaining in the estate shall be paid to the ward or to the ward's legal representative. Acts 1983, ch. 323, § 4; T.C.A., §§ 33-333, 33-3-904(c); Acts 2000, ch. 947, § 1.
Upon termination of the guardianship or conservatorship, all assets remaining in the estate shall be paid to the ward or to the ward's legal representative.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-333, 33-3-904(c); Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-301 — TN Code / Title 33 / Chapter 6 / Section 33-6-301
"Severe impairment" defined
Status: in_force

For purposes of this part, unless the context requires otherwise, "severe impairment" means a condition in which an adult or an emancipated child: (1) As a result of a mental illness or serious emotional disturbance: (A) Is in danger of serious physical harm resulting from the person's failure to provide for the person's essential human needs of health or safety; or (B) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over the person's actions; and (2) Is not receiving care that is essential for the person's health or safety. Acts 2000, ch. 947, § 1.
For purposes of this part, unless the context requires otherwise, "severe impairment" means a condition in which an adult or an emancipated child:
(1) As a result of a mental illness or serious emotional disturbance: (A) Is in danger of serious physical harm resulting from the person's failure to provide for the person's essential human needs of health or safety; or (B) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over the person's actions; and
(A) Is in danger of serious physical harm resulting from the person's failure to provide for the person's essential human needs of health or safety; or
(B) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over the person's actions; and
(2) Is not receiving care that is essential for the person's health or safety.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-208 — TN Code / Title 33 / Chapter 5 / Section 33-5-208
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1992, ch. 981, § 10; T.C.A., § 33-5-409 ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 27; 2005, ch. 27, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1992, ch. 981, § 10; T.C.A., § 33-5-409 ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 27; 2005, ch. 27, § 1.
Tenn. Code Ann. § 33-3-615 — TN Code / Title 33 / Chapter 3 / Section 33-3-615
Testimony of professionals - Depositions or affidavits
Status: in_force

(a) The testimony of a certifying professional may be made by deposition or affidavit only with the consent of the defendant's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the defendant or the defendant's counsel has consented, and the defendant's right of cross-examination of the certifying professional shall be preserved. (b) If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as a certifying professional under the commitment statute may testify instead of a certifying professional if the person has examined the defendant within ten (10) days of the hearing, and the person shall testify as to each point of the commitment statute. Acts 1983, ch. 323, § 9; T.C.A., § 33-374; Acts 1984, ch. 922, §§ 16, 22; 2000, ch. 947, § 1.
(a) The testimony of a certifying professional may be made by deposition or affidavit only with the consent of the defendant's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the defendant or the defendant's counsel has consented, and the defendant's right of cross-examination of the certifying professional shall be preserved.
(b) If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as a certifying professional under the commitment statute may testify instead of a certifying professional if the person has examined the defendant within ten (10) days of the hearing, and the person shall testify as to each point of the commitment statute.
Acts 1983, ch. 323, § 9; T.C.A., § 33-374; Acts 1984, ch. 922, §§ 16, 22; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-7-302 — TN Code / Title 33 / Chapter 7 / Section 33-7-302
Determination and notice of restored competence to stand trial
Status: in_force

When the chief officer determines that a defendant in a state hospital or treatment resource who is charged with a crime is restored to competence to stand trial, the chief officer shall give notice of that fact to the clerk of the court by whose order the defendant was confined and deliver the defendant to the sheriff of the county from which the defendant was admitted. Acts 1974, ch. 464, § 1; T.C.A., § 33-712; Acts 2000, ch. 947, § 1.
When the chief officer determines that a defendant in a state hospital or treatment resource who is charged with a crime is restored to competence to stand trial, the chief officer shall give notice of that fact to the clerk of the court by whose order the defendant was confined and deliver the defendant to the sheriff of the county from which the defendant was admitted.
Acts 1974, ch. 464, § 1; T.C.A., § 33-712; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-614 — TN Code / Title 33 / Chapter 3 / Section 33-3-614
Names of examining professionals - Availability to defendant
Status: in_force

If the names of examining professionals who certified the person's need for care and treatment did not accompany the complaint, they shall be made available to the defendant and counsel prior to the hearing. Acts 1983, ch. 323, § 9; T.C.A., § 33-373; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
If the names of examining professionals who certified the person's need for care and treatment did not accompany the complaint, they shall be made available to the defendant and counsel prior to the hearing.
Acts 1983, ch. 323, § 9; T.C.A., § 33-373; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-110 — TN Code / Title 33 / Chapter 5 / Section 33-5-110
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2010 , ch. 808, § 1; 2010 , ch. 1100, § 24; 2011 , ch. 158, §§ 17, 18.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2010 , ch. 808, § 1; 2010 , ch. 1100, § 24; 2011 , ch. 158, §§ 17, 18.
Tenn. Code Ann. § 33-3-102 — TN Code / Title 33 / Chapter 3 / Section 33-3-102
Specific rights protected
Status: in_force

(a) No person with mental illness or serious emotional disturbance hospitalized or admitted, whether voluntarily or involuntarily, or ordered to participate in nonresidential treatment or service under this title, shall, solely by reason of the hospitalization, admission, or order, be denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, give informed consent to treatment, and vote, unless: (1) The service recipient has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity; or (2) The denial is authorized by state or federal statute. (b) No person shall make decisions for a service recipient on the basis of a claim to be the service recipient's conservator, legal guardian, guardian ad litem, caregiver under title 34, chapter 6, part 3, or to be acting under a durable power of attorney for health care under title 34, chapter 6, part 2, until the person has presented written evidence of the person's status. Amended by 2024 Tenn. Acts, ch. 688,s 59, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 9; 2004, ch. 565, § 2.
(a) No person with mental illness or serious emotional disturbance hospitalized or admitted, whether voluntarily or involuntarily, or ordered to participate in nonresidential treatment or service under this title, shall, solely by reason of the hospitalization, admission, or order, be denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, give informed consent to treatment, and vote, unless: (1) The service recipient has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity; or (2) The denial is authorized by state or federal statute.
(1) The service recipient has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity; or
(2) The denial is authorized by state or federal statute.
(b) No person shall make decisions for a service recipient on the basis of a claim to be the service recipient's conservator, legal guardian, guardian ad litem, caregiver under title 34, chapter 6, part 3, or to be acting under a durable power of attorney for health care under title 34, chapter 6, part 2, until the person has presented written evidence of the person's status.
Amended by 2024 Tenn. Acts, ch. 688,s 59, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 9; 2004, ch. 565, § 2.
Tenn. Code Ann. § 33-2-706 — TN Code / Title 33 / Chapter 2 / Section 33-2-706
Effect of grant or denial of certificate of public advantage
Status: in_force

(a) Notwithstanding title 47, chapter 25, or any other law to the contrary, a cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. Notwithstanding title 47, chapter 25, or any other law to the contrary, if the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with the department, the conduct of the parties in negotiating and entering into a cooperative agreement is lawful conduct. Nothing in this subsection (a) immunizes any person for conduct in negotiating and entering into a cooperative agreement for which an application for a certificate of public advantage is not filed. (b) If the department, or the other department or agency of state government to which the department has referred the application under § 33-2-704(d) , determines that the likely benefits resulting from a cooperative agreement do not outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the agreement is invalid and has no further force or effect. (c) Any dispute among the parties to a cooperative agreement concerning its meaning or terms is governed by principles of contract law. Acts 1998, ch. 1005, § 6; T.C.A., § 33-2-906; Acts 2000, ch. 947, § 1; 2001, ch. 349, § 9.
(a) Notwithstanding title 47, chapter 25, or any other law to the contrary, a cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. Notwithstanding title 47, chapter 25, or any other law to the contrary, if the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with the department, the conduct of the parties in negotiating and entering into a cooperative agreement is lawful conduct. Nothing in this subsection (a) immunizes any person for conduct in negotiating and entering into a cooperative agreement for which an application for a certificate of public advantage is not filed.
(b) If the department, or the other department or agency of state government to which the department has referred the application under § 33-2-704(d) , determines that the likely benefits resulting from a cooperative agreement do not outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the agreement is invalid and has no further force or effect.
(c) Any dispute among the parties to a cooperative agreement concerning its meaning or terms is governed by principles of contract law.
Acts 1998, ch. 1005, § 6; T.C.A., § 33-2-906; Acts 2000, ch. 947, § 1; 2001, ch. 349, § 9.
Tenn. Code Ann. § 33-6-401 — TN Code / Title 33 / Chapter 6 / Section 33-6-401
Emergency detention
Status: in_force

IF AND ONLY IF: (1) A person has a mental illness or serious emotional disturbance, AND (2) The person poses an imminent substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance, THEN (3) The person may be detained under § 33-6-402 to obtain examination for certification of need for care and treatment. Amended by 2024 Tenn. Acts, ch. 725,s 1, eff. 4/16/2024. Acts 2000, ch. 947, § 1.
IF AND ONLY IF:
(1) A person has a mental illness or serious emotional disturbance, AND
(2) The person poses an imminent substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance, THEN
THEN
(3) The person may be detained under § 33-6-402 to obtain examination for certification of need for care and treatment.
Amended by 2024 Tenn. Acts, ch. 725,s 1, eff. 4/16/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-311 — TN Code / Title 33 / Chapter 6 / Section 33-6-311
Service under this part not substitute for outpatient care
Status: in_force

Service under this part shall not be used instead of assessment or evaluation that can be performed on an outpatient basis. Acts 2000, ch. 947, § 1.
Service under this part shall not be used instead of assessment or evaluation that can be performed on an outpatient basis.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-7-202 — TN Code / Title 33 / Chapter 7 / Section 33-7-202
Initiation of commitment proceedings - Findings required
Status: in_force

(a) If the commissioner authorizes the transfer of a voluntary service recipient with mental illness to a forensic services unit, the chief officer of the receiving facility shall initiate commitment proceedings under chapter 6, part 5 of this title. (b) In the proceedings the court shall determine, in addition to the findings required by chapter 6, part 5 of this title, whether the service recipient is substantially likely to injure the person or others if not treated in a forensic services unit and whether treatment in a forensic services unit is in the person's best interest. Acts 1974, ch. 464, § 1; 1975, ch. 248, § 22; T.C.A., § 33-704; Acts 1984, ch. 922, § 36; 2000, ch. 947, § 1.
(a) If the commissioner authorizes the transfer of a voluntary service recipient with mental illness to a forensic services unit, the chief officer of the receiving facility shall initiate commitment proceedings under chapter 6, part 5 of this title.
(b) In the proceedings the court shall determine, in addition to the findings required by chapter 6, part 5 of this title, whether the service recipient is substantially likely to injure the person or others if not treated in a forensic services unit and whether treatment in a forensic services unit is in the person's best interest.
Acts 1974, ch. 464, § 1; 1975, ch. 248, § 22; T.C.A., § 33-704; Acts 1984, ch. 922, § 36; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-614 — TN Code / Title 33 / Chapter 6 / Section 33-6-614
Findings by qualified mental health professional - Release
Status: in_force

(a) The qualified mental health professional shall release the person and notify the court of the basis for the release, if the qualified mental health professional determines that: (1) The person with mental illness or serious emotional disturbance is in compliance with the treatment plan; or (2) The person is out of compliance for good cause, is put in compliance immediately, and can be expected to stay in compliance without further hospitalization. (b) The qualified mental health professional shall release the person and notify the court of the basis for the release, if the qualified mental health professional determines that: (1) The person is out of compliance with the treatment plan without good cause; (2) The person can be put in compliance with the treatment plan immediately; (3) The person complies immediately with the treatment plan; and (4) The person can be expected to stay in compliance without further hospitalization. Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(d) ; Acts 2000, ch. 947, § 1.
(a) The qualified mental health professional shall release the person and notify the court of the basis for the release, if the qualified mental health professional determines that: (1) The person with mental illness or serious emotional disturbance is in compliance with the treatment plan; or (2) The person is out of compliance for good cause, is put in compliance immediately, and can be expected to stay in compliance without further hospitalization.
(1) The person with mental illness or serious emotional disturbance is in compliance with the treatment plan; or
(2) The person is out of compliance for good cause, is put in compliance immediately, and can be expected to stay in compliance without further hospitalization.
(b) The qualified mental health professional shall release the person and notify the court of the basis for the release, if the qualified mental health professional determines that: (1) The person is out of compliance with the treatment plan without good cause; (2) The person can be put in compliance with the treatment plan immediately; (3) The person complies immediately with the treatment plan; and (4) The person can be expected to stay in compliance without further hospitalization.
(1) The person is out of compliance with the treatment plan without good cause;
(2) The person can be put in compliance with the treatment plan immediately;
(3) The person complies immediately with the treatment plan; and
(4) The person can be expected to stay in compliance without further hospitalization.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(d) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1014 — TN Code / Title 33 / Chapter 6 / Section 33-6-1014
Standard form for declaration for mental health treatment
Status: in_force

(a) The department shall make available a standard form and explanation for declarations for mental health treatment in simple language and easily read type with adequate space to express the preferences and instructions of the service recipient. (b) The form shall include at least the following information: (1) The effect of making the declaration; (2) The basic power of a service recipient to control mental health treatment and involuntary treatment authority; (3) The general range of mental health treatment processes that the service recipient might consider; (4) The conditions under which the declaration may be acted on; and (5) How to revoke a declaration. (c) The form shall include places for at least the following types of preferences and instructions to be written: (1) Symptoms that may suggest use of the declaration; (2) Psychoactive medication; (3) Electroconvulsive or other convulsive treatment; (4) Admission to and remaining in mental health facilities; (5) Actions that the service recipient refuses to permit; (6) Mental health service providers; and (7) Other matters on which the service recipient may have preferences or instructions or wish to provide information to mental health service providers. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 50.
(a) The department shall make available a standard form and explanation for declarations for mental health treatment in simple language and easily read type with adequate space to express the preferences and instructions of the service recipient.
(b) The form shall include at least the following information: (1) The effect of making the declaration; (2) The basic power of a service recipient to control mental health treatment and involuntary treatment authority; (3) The general range of mental health treatment processes that the service recipient might consider; (4) The conditions under which the declaration may be acted on; and (5) How to revoke a declaration.
(1) The effect of making the declaration;
(2) The basic power of a service recipient to control mental health treatment and involuntary treatment authority;
(3) The general range of mental health treatment processes that the service recipient might consider;
(4) The conditions under which the declaration may be acted on; and
(5) How to revoke a declaration.
(c) The form shall include places for at least the following types of preferences and instructions to be written: (1) Symptoms that may suggest use of the declaration; (2) Psychoactive medication; (3) Electroconvulsive or other convulsive treatment; (4) Admission to and remaining in mental health facilities; (5) Actions that the service recipient refuses to permit; (6) Mental health service providers; and (7) Other matters on which the service recipient may have preferences or instructions or wish to provide information to mental health service providers.
(1) Symptoms that may suggest use of the declaration;
(2) Psychoactive medication;
(3) Electroconvulsive or other convulsive treatment;
(4) Admission to and remaining in mental health facilities;
(5) Actions that the service recipient refuses to permit;
(6) Mental health service providers; and
(7) Other matters on which the service recipient may have preferences or instructions or wish to provide information to mental health service providers.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 50.
Tenn. Code Ann. § 33-5-102 — TN Code / Title 33 / Chapter 5 / Section 33-5-102
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-3-126 — TN Code / Title 33 / Chapter 3 / Section 33-3-126
Right to religious expression
Status: in_force

A licensee or provider under this title may not discourage or preclude a service recipient from exercising the right to religious expression and shall inform each service recipient in a residential environment of this right. A licensee or provider of religious service may provide transportation for a service recipient under this section. Acts 2002, ch. 730, § 8.
A licensee or provider under this title may not discourage or preclude a service recipient from exercising the right to religious expression and shall inform each service recipient in a residential environment of this right. A licensee or provider of religious service may provide transportation for a service recipient under this section.
Acts 2002, ch. 730, § 8.
Tenn. Code Ann. § 33-3-504 — TN Code / Title 33 / Chapter 3 / Section 33-3-504
Physician, psychologist, or other person, as witness
Status: in_force

A physician, psychologist, person designated by the commissioner under § 33-6-427(b) , or other professional who makes an application or conducts an examination under this title is a competent and compellable witness at any judicial proceeding conducted under it. Acts 1983, ch. 323, § 15; T.C.A., § 33-355; Acts 1993, ch. 356, § 4; 2000, ch. 947, § 1.
A physician, psychologist, person designated by the commissioner under § 33-6-427(b) , or other professional who makes an application or conducts an examination under this title is a competent and compellable witness at any judicial proceeding conducted under it.
Acts 1983, ch. 323, § 15; T.C.A., § 33-355; Acts 1993, ch. 356, § 4; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-502 — TN Code / Title 33 / Chapter 6 / Section 33-6-502
Prerequisites to judicial commitment for involuntary care and treatment
Status: in_force

(a) IF AND ONLY IF: (1) A person has a mental illness or serious emotional disturbance, AND (2) The person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance, AND (3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND (4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person, THEN (5) The person may be judicially committed to involuntary care and treatment in a hospital or treatment resource in proceedings conducted in conformity with chapter 3, part 6 of this title. (b) (1) There is a rebuttable presumption that a person meets the standard in subsection (a) for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness. (2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm. Amended by 2024 Tenn. Acts, ch. 784,s 14, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
(a) IF AND ONLY IF: (1) A person has a mental illness or serious emotional disturbance, AND (2) The person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance, AND (3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND (4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person, THEN (5) The person may be judicially committed to involuntary care and treatment in a hospital or treatment resource in proceedings conducted in conformity with chapter 3, part 6 of this title.
(1) A person has a mental illness or serious emotional disturbance, AND
(2) The person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance, AND
(3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND
(4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person, THEN
THEN
(5) The person may be judicially committed to involuntary care and treatment in a hospital or treatment resource in proceedings conducted in conformity with chapter 3, part 6 of this title.
(b) (1) There is a rebuttable presumption that a person meets the standard in subsection (a) for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness. (2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm.
(1) There is a rebuttable presumption that a person meets the standard in subsection (a) for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness.
(2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm.
Amended by 2024 Tenn. Acts, ch. 784,s 14, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-410 — TN Code / Title 33 / Chapter 10 / Section 33-10-410
Public intoxication or drunkenness - Arrests and court proceedings
Status: in_force

(a) All arrests and court proceedings for public intoxication or drunkenness in this state shall be pursuant to § 39-17-310 , to the exclusion of any common law or statutory offense now being enforced. (b) No county, municipality or other political subdivision of this state shall adopt any local law, ordinance, resolution or regulation having the force of law rendering public intoxication or drunkenness, in and of itself, or being a common drunkard or being found in enumerated places in an intoxicated condition, an offense, a violation of which is the subject of criminal or civil penalties or sanctions of any kind. (c) Nothing contained in subsection (b) shall affect any laws, ordinances, resolutions or regulations against drunken driving, driving under the influence of alcohol or other similar offenses that involve the operation of motor vehicles, machinery or other hazardous equipment. (d) Any fines collected under § 39-17-310 shall be retained by the unit of local government over which the court has jurisdiction. Acts 1990, ch. 639, § 9; 1993, ch. 234, § 8; T.C.A., § 33-8-510; Acts 2009, ch. 186, § 35; T.C.A. § 68-24-510 .
(a) All arrests and court proceedings for public intoxication or drunkenness in this state shall be pursuant to § 39-17-310 , to the exclusion of any common law or statutory offense now being enforced.
(b) No county, municipality or other political subdivision of this state shall adopt any local law, ordinance, resolution or regulation having the force of law rendering public intoxication or drunkenness, in and of itself, or being a common drunkard or being found in enumerated places in an intoxicated condition, an offense, a violation of which is the subject of criminal or civil penalties or sanctions of any kind.
(c) Nothing contained in subsection (b) shall affect any laws, ordinances, resolutions or regulations against drunken driving, driving under the influence of alcohol or other similar offenses that involve the operation of motor vehicles, machinery or other hazardous equipment.
(d) Any fines collected under § 39-17-310 shall be retained by the unit of local government over which the court has jurisdiction.
Acts 1990, ch. 639, § 9; 1993, ch. 234, § 8; T.C.A., § 33-8-510; Acts 2009, ch. 186, § 35; T.C.A. § 68-24-510 .
Tenn. Code Ann. § 33-10-408 — TN Code / Title 33 / Chapter 10 / Section 33-10-408
Registration and records of treatment facilities - Confidentiality - Exception
Status: in_force

(a) The registration and other records of treatment facilities shall remain confidential and are privileged. (b) Notwithstanding subsection (a), the director may make available information from patients' records for purposes of research into the causes and treatment of alcoholism. Information under this subsection (b) shall not be published in a way that discloses patients' names or other identifying information. Acts 1990, ch. 639, § 7; 1993, ch. 234, § 8; T.C.A., § 33-8-508; Acts 2009, ch. 186, § 33; T.C.A. § 68-24-508 .
(a) The registration and other records of treatment facilities shall remain confidential and are privileged.
(b) Notwithstanding subsection (a), the director may make available information from patients' records for purposes of research into the causes and treatment of alcoholism. Information under this subsection (b) shall not be published in a way that discloses patients' names or other identifying information.
Acts 1990, ch. 639, § 7; 1993, ch. 234, § 8; T.C.A., § 33-8-508; Acts 2009, ch. 186, § 33; T.C.A. § 68-24-508 .
Tenn. Code Ann. § 33-6-108 — TN Code / Title 33 / Chapter 6 / Section 33-6-108
Admissions to a state-owned or operated hospital or treatment resource
Status: in_force

Notwithstanding any other law to the contrary, all admissions or transfers to a state-owned or operated hospital or treatment resource shall be subject to available suitable accommodations, as defined in § 33-1-101 , and no admission to a state-owned or operated hospital or treatment resource shall occur until the department has designated the state-owned or operated facility as having available suitable accommodations; provided, that if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Acts 2009, ch. 531, § 36.
Notwithstanding any other law to the contrary, all admissions or transfers to a state-owned or operated hospital or treatment resource shall be subject to available suitable accommodations, as defined in § 33-1-101 , and no admission to a state-owned or operated hospital or treatment resource shall occur until the department has designated the state-owned or operated facility as having available suitable accommodations; provided, that if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations.
Acts 2009, ch. 531, § 36.
Tenn. Code Ann. § 33-1-312 — TN Code / Title 33 / Chapter 1 / Section 33-1-312
Funding for the development of substance use disorder treatment for pregnant women and women with children - Reporting requirements
Status: in_force

(a) The department of mental health and substance abuse services, department of human services, department of children's services, department of health, and bureau of TennCare shall actively seek and apply for federal, private, or other available funds, and actively direct available state funds, for the development of recovery programs for residents of this state who are pregnant or are women with children to assist those residents by providing substance use disorder treatment and wrap-around services to support life skills development in outpatient treatment facilities, in residential treatment facilities, or through home visitation programs. (b) The entities described in subsection (a) shall: (1) Coordinate wrap-around services that would assist the residents described in subsection (a); and (2) Report by February 15 each year to the speaker of the house of representatives and the speaker of the senate on funds an entity applied for pursuant to subsection (a), recommendations for changes to statutes or rules to develop recovery programs as described in subsection (a), and benefits realized from recovery programs as described in subsection (a). The report required by this subdivision (b)(2) may be made in conjunction with other reports required by law. Acts 2021, ch. 197, § 1.
(a) The department of mental health and substance abuse services, department of human services, department of children's services, department of health, and bureau of TennCare shall actively seek and apply for federal, private, or other available funds, and actively direct available state funds, for the development of recovery programs for residents of this state who are pregnant or are women with children to assist those residents by providing substance use disorder treatment and wrap-around services to support life skills development in outpatient treatment facilities, in residential treatment facilities, or through home visitation programs.
(b) The entities described in subsection (a) shall: (1) Coordinate wrap-around services that would assist the residents described in subsection (a); and (2) Report by February 15 each year to the speaker of the house of representatives and the speaker of the senate on funds an entity applied for pursuant to subsection (a), recommendations for changes to statutes or rules to develop recovery programs as described in subsection (a), and benefits realized from recovery programs as described in subsection (a). The report required by this subdivision (b)(2) may be made in conjunction with other reports required by law.
(1) Coordinate wrap-around services that would assist the residents described in subsection (a); and
(2) Report by February 15 each year to the speaker of the house of representatives and the speaker of the senate on funds an entity applied for pursuant to subsection (a), recommendations for changes to statutes or rules to develop recovery programs as described in subsection (a), and benefits realized from recovery programs as described in subsection (a). The report required by this subdivision (b)(2) may be made in conjunction with other reports required by law.
Acts 2021, ch. 197, § 1.
Tenn. Code Ann. § 33-8-303 — TN Code / Title 33 / Chapter 8 / Section 33-8-303
Electroconvulsive therapy - When authorized for child over fourteen (14)
Status: in_force

IF AND ONLY IF (1) a child is fourteen (14) years of age or older, AND (2) the approved convulsive therapy may be necessary for the child as determined under § 33-8-302 , AND (3) a second American Board of Psychiatry and Neurology certified psychiatrist approves the procedure, AND (4) the child does not object to the electroconvulsive or other convulsive therapy after being informed of the proposed therapy and alternatives, AND (5) at least one (1) parent who has custody of the child or the child's legal guardian consents, AND (6) no parent objects to the therapy, THEN (7) the child may be treated with the approved convulsive therapy under authority of this section. Acts 2000, ch. 947, § 1.
IF AND ONLY IF
(1) a child is fourteen (14) years of age or older, AND
(2) the approved convulsive therapy may be necessary for the child as determined under § 33-8-302 , AND
(3) a second American Board of Psychiatry and Neurology certified psychiatrist approves the procedure, AND
(4) the child does not object to the electroconvulsive or other convulsive therapy after being informed of the proposed therapy and alternatives, AND
(5) at least one (1) parent who has custody of the child or the child's legal guardian consents, AND
(6) no parent objects to the therapy, THEN
THEN
(7) the child may be treated with the approved convulsive therapy under authority of this section.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-103 — TN Code / Title 33 / Chapter 5 / Section 33-5-103
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.