Tenn. Code Ann. § 33-3-405 — TN Code / Title 33 / Chapter 3 / Section 33-3-405
Transfer committee - Chair - Vice chair - Voting - Hearings - Rights of transferees - Evidence
Status: in_force

(a) The committee may elect a chair and a vice chair. The committee shall act by majority vote. No member of the committee is disqualified to participate in a hearing by virtue of prior knowledge of the case. The chair may postpone the hearing for a reasonable time upon request of the person whose transfer is proposed to permit that person to obtain counsel and witnesses. In the hearing, the committee shall receive all relevant evidence. The transferee shall be permitted to speak personally and by counsel and to present witnesses. (b) Transfer committee proceedings under this part are not governed by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1984, ch. 922, § 34; 2000, ch. 947, § 1.
(a) The committee may elect a chair and a vice chair. The committee shall act by majority vote. No member of the committee is disqualified to participate in a hearing by virtue of prior knowledge of the case. The chair may postpone the hearing for a reasonable time upon request of the person whose transfer is proposed to permit that person to obtain counsel and witnesses. In the hearing, the committee shall receive all relevant evidence. The transferee shall be permitted to speak personally and by counsel and to present witnesses.
(b) Transfer committee proceedings under this part are not governed by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1984, ch. 922, § 34; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-407 — TN Code / Title 33 / Chapter 10 / Section 33-10-407
Persons intoxicated or incapacitated by alcohol - County provision of treatment and housing in lieu of arrest
Status: in_force

(a) Any county may, pursuant to this part, provide facilities and services for the treatment or housing, or both, of a person intoxicated or incapacitated, or both, by alcohol in lieu of arrest. In such county or counties, when any person is intoxicated or incapacitated by alcohol and is clearly dangerous to the health and safety of the person or others, the person may be taken into protective custody by law enforcement authorities or custodial health officers, acting with probable cause, and taken to an approved treatment or social services facility. For purposes of determining whether a person is clearly dangerous to the person's health and safety, the degree of intoxication alone is sufficient, if the enforcement officer reasonably believes that the individual is unable to avoid severe impairment or injury from specific risks by or as a result of intoxication. (b) In determining whether a person should be taken to a treatment or social services facility in lieu of arrest under subsection (a), the law enforcement officer or custodial health officer shall consider all of the following: (1) Whether the person is likely to engage in a violation of the law while being transported to the treatment or social services facility or while at the facility; (2) The type of services available at the treatment or social services facility that are not readily available at the jail to which the person would be taken upon arrest; (3) Whether the treatment or social services facility has space available; and (4) The amenability of the person to the treatment or services provided by the treatment or social services facility. (c) A law enforcement officer or custodial health officer, in detaining the person, is taking the person into protective custody. In so doing, the detaining officer may use reasonable protective methods but shall make every reasonable effort to protect the detainee's health and safety. A taking into protective custody under this section is not an arrest and no entry or other records shall be made to indicate that the person has been arrested or charged with a crime. Any warrantless search conducted under this part is strictly limited by the circumstances justifying the search. A law enforcement officer or custodial health officer who acts in compliance with this section is acting in the course of official duties and shall not be held criminally or civilly liable for the officer's actions. (d) The law enforcement officer or custodial health officer shall, upon presenting the detained person to the treatment or social services facility, make written application for the detainee's evaluation and treatment at the facility. The application shall be directed to the administrator of the facility and shall state the circumstances requiring evaluation, detention and treatment, including the applicant's personal observations and the specific statements of other persons having relevant knowledge of the person's intoxication or incapacitation, or both, and the danger posed to the person or others, upon which the officer relies in initially detaining the person and in making the application. A copy of the application shall be furnished to the person to be detained. The facility may adopt policies governing the eligibility and criteria for admission. (e) (1) If the approved treatment or social services facility administrator or the administrator's designee, after examination by a health professional for the purpose of determining whether the person is intoxicated or incapacitated, or both, by alcohol, approves the application consistent with purposes of this part and the admission policies, the person may be detained for evaluation and treatment for such period of time as the grounds for the detention as stated in the application for admission exist. (2) However, without regard to the decision of the facility administrator, all persons detained under this part shall be presented to a magistrate or judicial commissioner without unnecessary delay, for the purpose of determining whether the person can be held and treated pursuant to this part. Also, without regard to the decision of the facility administrator or magistrate or judicial commissioner, any person who refuses treatment or evaluation or requests release shall be released immediately, unless the person is detained in accordance with chapter 6, part 4 of this title. (f) If the approved treatment or social services facility administrator, or the administrator's designee or the magistrate or judicial commissioner determines that the application fails to sustain the grounds for detention as set forth in subsection (a), the application for detention shall be refused and the person detained shall be immediately released and the person shall be encouraged to seek voluntary treatment, if appropriate. (g) When the administrator, based upon the recommendation of the health professional, determines that the grounds for commitment no longer exist, the administrator shall discharge the person committed under this section, unless the person seeks and obtains voluntary treatment under § 33-6-201 . (h) In those cases where involuntary commitment becomes necessary, such commitments shall be governed by chapter 3, part 6 of this title. Acts 1990, ch. 639, § 6; 1991, ch. 376, § 4; 1993, ch. 234, § 8; T.C.A., § 33-8-507; Acts 2000, ch. 947, §§ 8A, 8E; 2009, ch. 186, § 32; T.C.A. § 68-24-507 .
(a) Any county may, pursuant to this part, provide facilities and services for the treatment or housing, or both, of a person intoxicated or incapacitated, or both, by alcohol in lieu of arrest. In such county or counties, when any person is intoxicated or incapacitated by alcohol and is clearly dangerous to the health and safety of the person or others, the person may be taken into protective custody by law enforcement authorities or custodial health officers, acting with probable cause, and taken to an approved treatment or social services facility. For purposes of determining whether a person is clearly dangerous to the person's health and safety, the degree of intoxication alone is sufficient, if the enforcement officer reasonably believes that the individual is unable to avoid severe impairment or injury from specific risks by or as a result of intoxication.
(b) In determining whether a person should be taken to a treatment or social services facility in lieu of arrest under subsection (a), the law enforcement officer or custodial health officer shall consider all of the following: (1) Whether the person is likely to engage in a violation of the law while being transported to the treatment or social services facility or while at the facility; (2) The type of services available at the treatment or social services facility that are not readily available at the jail to which the person would be taken upon arrest; (3) Whether the treatment or social services facility has space available; and (4) The amenability of the person to the treatment or services provided by the treatment or social services facility.
(1) Whether the person is likely to engage in a violation of the law while being transported to the treatment or social services facility or while at the facility;
(2) The type of services available at the treatment or social services facility that are not readily available at the jail to which the person would be taken upon arrest;
(3) Whether the treatment or social services facility has space available; and
(4) The amenability of the person to the treatment or services provided by the treatment or social services facility.
(c) A law enforcement officer or custodial health officer, in detaining the person, is taking the person into protective custody. In so doing, the detaining officer may use reasonable protective methods but shall make every reasonable effort to protect the detainee's health and safety. A taking into protective custody under this section is not an arrest and no entry or other records shall be made to indicate that the person has been arrested or charged with a crime. Any warrantless search conducted under this part is strictly limited by the circumstances justifying the search. A law enforcement officer or custodial health officer who acts in compliance with this section is acting in the course of official duties and shall not be held criminally or civilly liable for the officer's actions.
(d) The law enforcement officer or custodial health officer shall, upon presenting the detained person to the treatment or social services facility, make written application for the detainee's evaluation and treatment at the facility. The application shall be directed to the administrator of the facility and shall state the circumstances requiring evaluation, detention and treatment, including the applicant's personal observations and the specific statements of other persons having relevant knowledge of the person's intoxication or incapacitation, or both, and the danger posed to the person or others, upon which the officer relies in initially detaining the person and in making the application. A copy of the application shall be furnished to the person to be detained. The facility may adopt policies governing the eligibility and criteria for admission.
(e) (1) If the approved treatment or social services facility administrator or the administrator's designee, after examination by a health professional for the purpose of determining whether the person is intoxicated or incapacitated, or both, by alcohol, approves the application consistent with purposes of this part and the admission policies, the person may be detained for evaluation and treatment for such period of time as the grounds for the detention as stated in the application for admission exist. (2) However, without regard to the decision of the facility administrator, all persons detained under this part shall be presented to a magistrate or judicial commissioner without unnecessary delay, for the purpose of determining whether the person can be held and treated pursuant to this part. Also, without regard to the decision of the facility administrator or magistrate or judicial commissioner, any person who refuses treatment or evaluation or requests release shall be released immediately, unless the person is detained in accordance with chapter 6, part 4 of this title.
(1) If the approved treatment or social services facility administrator or the administrator's designee, after examination by a health professional for the purpose of determining whether the person is intoxicated or incapacitated, or both, by alcohol, approves the application consistent with purposes of this part and the admission policies, the person may be detained for evaluation and treatment for such period of time as the grounds for the detention as stated in the application for admission exist.
(2) However, without regard to the decision of the facility administrator, all persons detained under this part shall be presented to a magistrate or judicial commissioner without unnecessary delay, for the purpose of determining whether the person can be held and treated pursuant to this part. Also, without regard to the decision of the facility administrator or magistrate or judicial commissioner, any person who refuses treatment or evaluation or requests release shall be released immediately, unless the person is detained in accordance with chapter 6, part 4 of this title.
(f) If the approved treatment or social services facility administrator, or the administrator's designee or the magistrate or judicial commissioner determines that the application fails to sustain the grounds for detention as set forth in subsection (a), the application for detention shall be refused and the person detained shall be immediately released and the person shall be encouraged to seek voluntary treatment, if appropriate.
(g) When the administrator, based upon the recommendation of the health professional, determines that the grounds for commitment no longer exist, the administrator shall discharge the person committed under this section, unless the person seeks and obtains voluntary treatment under § 33-6-201 .
(h) In those cases where involuntary commitment becomes necessary, such commitments shall be governed by chapter 3, part 6 of this title.
Acts 1990, ch. 639, § 6; 1991, ch. 376, § 4; 1993, ch. 234, § 8; T.C.A., § 33-8-507; Acts 2000, ch. 947, §§ 8A, 8E; 2009, ch. 186, § 32; T.C.A. § 68-24-507 .
Tenn. Code Ann. § 33-8-311 — TN Code / Title 33 / Chapter 8 / Section 33-8-311
Conduct of hearing
Status: in_force

(a) At the hearing the court shall determine: (1) If therapy was administered under § 33-8-309 , whether retrospectively all of the standards for initiating therapy under § 33-8-309 prior to a court hearing were fully complied with, and if not, which standards were not met; and (2) Whether prospectively electroconvulsive or other convulsive therapy is necessary for the child's health or safety. (b) Nothing in §§ 33-8-305 - 33-8-313 shall be construed to modify or alter § 33-8-315 or § 33-8-316 . Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(g)(4), (5); Acts 2000, ch. 947, §§ 1, 6.
(a) At the hearing the court shall determine: (1) If therapy was administered under § 33-8-309 , whether retrospectively all of the standards for initiating therapy under § 33-8-309 prior to a court hearing were fully complied with, and if not, which standards were not met; and (2) Whether prospectively electroconvulsive or other convulsive therapy is necessary for the child's health or safety.
(1) If therapy was administered under § 33-8-309 , whether retrospectively all of the standards for initiating therapy under § 33-8-309 prior to a court hearing were fully complied with, and if not, which standards were not met; and
(2) Whether prospectively electroconvulsive or other convulsive therapy is necessary for the child's health or safety.
(b) Nothing in §§ 33-8-305 - 33-8-313 shall be construed to modify or alter § 33-8-315 or § 33-8-316 .
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(g)(4), (5); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-8-312 — TN Code / Title 33 / Chapter 8 / Section 33-8-312
Hearing costs
Status: in_force

Under §§ 33-8-305 - 33-8-313, if the child is indigent and is not in the custody of the department of children's services, the department shall reimburse the attorney for the petitioner, the attorney and the guardian ad litem appointed by the court for the child, and the psychiatrist who testifies at the hearing, whether the board-certified child psychiatrist under § 33-8-309 or the court-appointed independent psychiatrist under § 33-8-308 , in an amount fixed by the court. The department shall pay all court costs under §§ 33-8-305 - 33-8-313 if the child is indigent and is not in the custody of the department of children's services. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(i); Acts 2000, ch. 947, §§ 1, 6; 2010, ch. 1100, § 24.
Under §§ 33-8-305 - 33-8-313, if the child is indigent and is not in the custody of the department of children's services, the department shall reimburse the attorney for the petitioner, the attorney and the guardian ad litem appointed by the court for the child, and the psychiatrist who testifies at the hearing, whether the board-certified child psychiatrist under § 33-8-309 or the court-appointed independent psychiatrist under § 33-8-308 , in an amount fixed by the court. The department shall pay all court costs under §§ 33-8-305 - 33-8-313 if the child is indigent and is not in the custody of the department of children's services.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(i); Acts 2000, ch. 947, §§ 1, 6; 2010, ch. 1100, § 24.
Tenn. Code Ann. § 33-11-106 — TN Code / Title 33 / Chapter 11 / Section 33-11-106
Exemption from procurement requirements
Status: in_force

The council is exempt from the requirements of title 12, chapter 3, related to procurement. Added by 2021 Tenn. Acts, ch. 491, s 9, eff. 5/24/2021.
The council is exempt from the requirements of title 12, chapter 3, related to procurement.
Added by 2021 Tenn. Acts, ch. 491, s 9, eff. 5/24/2021.
Tenn. Code Ann. § 33-5-406 — TN Code / Title 33 / Chapter 5 / Section 33-5-406
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1975, ch. 248, § 13; 1976, ch. 763, § 4; T.C.A., §§ 33-515, 33-5-306; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1975, ch. 248, § 13; 1976, ch. 763, § 4; T.C.A., §§ 33-515, 33-5-306; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-9-206 — TN Code / Title 33 / Chapter 9 / Section 33-9-206
Copies
Status: in_force

Duly authorized copies of this part shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments. Acts 1971, ch. 364, § 6; T.C.A., § 33-1506; Acts 2000, ch. 947, § 1.
Duly authorized copies of this part shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.
Acts 1971, ch. 364, § 6; T.C.A., § 33-1506; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-306 — TN Code / Title 33 / Chapter 8 / Section 33-8-306
Electroconvulsive therapy - Commitment proceedings pending
Status: in_force

If proceedings for the child's commitment under chapter 6, part 5 of this title are pending, the hearing to determine the necessity of administering convulsive therapy may be held only after adequate written notice has been given to the child, the child's legal guardian, and the child's attorney informing them of the nature of the therapy sought and the facts upon which the claim is based that the therapy is necessary for the child's health or safety. The hearing may either be consolidated with the hearing for the child's commitment under chapter 6, part 5 of this title, or may be convened at another time. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(b); Acts 2000, ch. 947, §§ 1, 6.
If proceedings for the child's commitment under chapter 6, part 5 of this title are pending, the hearing to determine the necessity of administering convulsive therapy may be held only after adequate written notice has been given to the child, the child's legal guardian, and the child's attorney informing them of the nature of the therapy sought and the facts upon which the claim is based that the therapy is necessary for the child's health or safety. The hearing may either be consolidated with the hearing for the child's commitment under chapter 6, part 5 of this title, or may be convened at another time.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(b); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-2-103 — TN Code / Title 33 / Chapter 2 / Section 33-2-103
Requirements for community-based systems
Status: in_force

The state will accomplish its purposes through community-based systems that provide: (1) Access to services and supports that are individualized to the capacities, needs and values of each person; (2) Accountability of services and supports through statewide standards for monitoring, reporting, and evaluating information; (3) At least basic quality standards for service delivery; (4) Priorities for the use of available resources; (5) Coordination of services and supports within the department, among other state agencies, and other public and private service providers aimed at reducing duplication in service delivery and promoting complementary services and supports among all relevant entities; (6) Conflict resolution procedures; and (7) Extensive involvement of service recipients, families, and advocates. Acts 2000, ch. 947, § 1.
The state will accomplish its purposes through community-based systems that provide:
(1) Access to services and supports that are individualized to the capacities, needs and values of each person;
(2) Accountability of services and supports through statewide standards for monitoring, reporting, and evaluating information;
(3) At least basic quality standards for service delivery;
(4) Priorities for the use of available resources;
(5) Coordination of services and supports within the department, among other state agencies, and other public and private service providers aimed at reducing duplication in service delivery and promoting complementary services and supports among all relevant entities;
(6) Conflict resolution procedures; and
(7) Extensive involvement of service recipients, families, and advocates.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-4-210 — TN Code / Title 33 / Chapter 4 / Section 33-4-210
Coercion of guardian, conservator or trustee - Penalty
Status: in_force

An employee who attempts to coerce a legal guardian, conservator, or trustee serving under this part to take any particular action as legal guardian, conservator, or trustee shall be dismissed. Acts 1983, ch. 323, § 4; T.C.A, §§ 33-337; 33-3-908; Acts 2000, ch. 947, § 1.
An employee who attempts to coerce a legal guardian, conservator, or trustee serving under this part to take any particular action as legal guardian, conservator, or trustee shall be dismissed.
Acts 1983, ch. 323, § 4; T.C.A, §§ 33-337; 33-3-908; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-703 — TN Code / Title 33 / Chapter 2 / Section 33-2-703
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Community mental health center" includes any parent or corporate affiliate of a community mental health center as defined in § 33-1-101 ; (2) "Cooperative agreement" means an agreement among two (2) or more community mental health centers for the offering, provision, operation, coordination, planning, funding, pricing, contracting, utilization review, or management of mental health and related services under programs funded or administered by departments or agencies of state government, including, but not limited to, the TennCare program, or the sharing, allocation, or referral of service recipients, personnel, instructional programs, support services, ancillary services, and facilities, or other services traditionally offered by community mental health centers for the programs; and (3) "Intervenor" means any hospital, physician, allied health professional, health care provider or other person furnishing goods or services to, or in competition with, community mental health center, insurer, hospital service corporation, medical service corporation, hospital and medical services corporation, preferred provider organization, health maintenance organization, behavioral health organization, or any employer or association that directly or indirectly provides health care benefits to its employees or members. Acts 1998, ch. 1005, § 3; T.C.A., § 33-2-903; Acts 2000, ch. 947, §§ 1, 6.
As used in this part, unless the context otherwise requires:
(1) "Community mental health center" includes any parent or corporate affiliate of a community mental health center as defined in § 33-1-101 ;
(2) "Cooperative agreement" means an agreement among two (2) or more community mental health centers for the offering, provision, operation, coordination, planning, funding, pricing, contracting, utilization review, or management of mental health and related services under programs funded or administered by departments or agencies of state government, including, but not limited to, the TennCare program, or the sharing, allocation, or referral of service recipients, personnel, instructional programs, support services, ancillary services, and facilities, or other services traditionally offered by community mental health centers for the programs; and
(3) "Intervenor" means any hospital, physician, allied health professional, health care provider or other person furnishing goods or services to, or in competition with, community mental health center, insurer, hospital service corporation, medical service corporation, hospital and medical services corporation, preferred provider organization, health maintenance organization, behavioral health organization, or any employer or association that directly or indirectly provides health care benefits to its employees or members.
Acts 1998, ch. 1005, § 3; T.C.A., § 33-2-903; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-8-304 — TN Code / Title 33 / Chapter 8 / Section 33-8-304
Electroconvulsive therapy - When authorized for child in state custody
Status: in_force

If a child is in state custody and a convulsive therapy may be necessary for the child as determined under § 33-8-302 , the therapy shall not be performed unless the commissioner of children's services obtains authority under §§ 33-8-305 - 33-8-313. A child in state custody may not be provided convulsive therapy under § 33-8-309 . Acts 2000, ch. 947, § 1.
If a child is in state custody and a convulsive therapy may be necessary for the child as determined under § 33-8-302 , the therapy shall not be performed unless the commissioner of children's services obtains authority under §§ 33-8-305 - 33-8-313. A child in state custody may not be provided convulsive therapy under § 33-8-309 .
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-308 — TN Code / Title 33 / Chapter 1 / Section 33-1-308
Interagency agreements
Status: in_force

(a) (1) The commissioner shall initiate the development of and enter into interagency agreements on services and supports for children in coordination with the council on children's mental health care, adults, and the elderly to: (A) Assure accountability for services and supports across all agencies providing services and supports for a person or family whose service is covered by this title; (B) Clarify responsibilities for the department's service system; (C) Promote problem resolution at the local levels; (D) Promote interagency service needs assessment and planning; (E) Provide a vehicle for interagency policy development without interfering with agency independence; (F) Promote creation and maintenance of coordinated service systems for service recipients and families; (G) Provide for interrelated service planning across agency lines; (H) Promote inclusion of mental health issues in crisis and disaster planning; and (I) Enhance the efficiency and effectiveness of expenditure of public funds. (2) All state agencies shall cooperate with the department in the development of the agreements. (b) The agreements shall include, without limitation: the intersection of services and supports among all state agencies that have any responsibility for mental health, alcohol dependence, drug dependence, education, health, social services, housing, transportation, employment, justice, habilitation, rehabilitation, correction, or public funding of services and supports; transition between services to different age groups; information sharing, including records, data, and service; and interagency training. (c) Interagency agreements should include at least the following elements: (1) Goals and the expected outcomes against which progress will be measured; (2) Eligible populations; (3) Role responsibilities; (4) Covered services and supports; (5) Procedures for coordination, including local level implementation procedures; (6) Joint monitoring; (7) Data sharing; and (8) How conflict resolution will be achieved. (d) The commissioner may initiate the development of and enter into similar interagency agreements with local government agencies. Amended by 2024 Tenn. Acts, ch. 688,s 20, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 19, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2008 , ch. 1062, § 4.
(a) (1) The commissioner shall initiate the development of and enter into interagency agreements on services and supports for children in coordination with the council on children's mental health care, adults, and the elderly to: (A) Assure accountability for services and supports across all agencies providing services and supports for a person or family whose service is covered by this title; (B) Clarify responsibilities for the department's service system; (C) Promote problem resolution at the local levels; (D) Promote interagency service needs assessment and planning; (E) Provide a vehicle for interagency policy development without interfering with agency independence; (F) Promote creation and maintenance of coordinated service systems for service recipients and families; (G) Provide for interrelated service planning across agency lines; (H) Promote inclusion of mental health issues in crisis and disaster planning; and (I) Enhance the efficiency and effectiveness of expenditure of public funds. (2) All state agencies shall cooperate with the department in the development of the agreements.
(1) The commissioner shall initiate the development of and enter into interagency agreements on services and supports for children in coordination with the council on children's mental health care, adults, and the elderly to: (A) Assure accountability for services and supports across all agencies providing services and supports for a person or family whose service is covered by this title; (B) Clarify responsibilities for the department's service system; (C) Promote problem resolution at the local levels; (D) Promote interagency service needs assessment and planning; (E) Provide a vehicle for interagency policy development without interfering with agency independence; (F) Promote creation and maintenance of coordinated service systems for service recipients and families; (G) Provide for interrelated service planning across agency lines; (H) Promote inclusion of mental health issues in crisis and disaster planning; and (I) Enhance the efficiency and effectiveness of expenditure of public funds.
(A) Assure accountability for services and supports across all agencies providing services and supports for a person or family whose service is covered by this title;
(B) Clarify responsibilities for the department's service system;
(C) Promote problem resolution at the local levels;
(D) Promote interagency service needs assessment and planning;
(E) Provide a vehicle for interagency policy development without interfering with agency independence;
(F) Promote creation and maintenance of coordinated service systems for service recipients and families;
(G) Provide for interrelated service planning across agency lines;
(H) Promote inclusion of mental health issues in crisis and disaster planning; and
(I) Enhance the efficiency and effectiveness of expenditure of public funds.
(2) All state agencies shall cooperate with the department in the development of the agreements.
(b) The agreements shall include, without limitation: the intersection of services and supports among all state agencies that have any responsibility for mental health, alcohol dependence, drug dependence, education, health, social services, housing, transportation, employment, justice, habilitation, rehabilitation, correction, or public funding of services and supports; transition between services to different age groups; information sharing, including records, data, and service; and interagency training.
(c) Interagency agreements should include at least the following elements: (1) Goals and the expected outcomes against which progress will be measured; (2) Eligible populations; (3) Role responsibilities; (4) Covered services and supports; (5) Procedures for coordination, including local level implementation procedures; (6) Joint monitoring; (7) Data sharing; and (8) How conflict resolution will be achieved.
(1) Goals and the expected outcomes against which progress will be measured;
(2) Eligible populations;
(3) Role responsibilities;
(4) Covered services and supports;
(5) Procedures for coordination, including local level implementation procedures;
(6) Joint monitoring;
(7) Data sharing; and
(8) How conflict resolution will be achieved.
(d) The commissioner may initiate the development of and enter into similar interagency agreements with local government agencies.
Amended by 2024 Tenn. Acts, ch. 688,s 20, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 19, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2008 , ch. 1062, § 4.
Tenn. Code Ann. § 33-6-426 — TN Code / Title 33 / Chapter 6 / Section 33-6-426
Certification by physician required
Status: in_force

(a) If a person who is not a licensed physician executes the first certificate of need in support of hospitalization under this part, then only a licensed physician may execute the second certificate of need in support of hospitalization under this part. (b) If a person who is a licensed physician and board certified as a psychiatrist by the American Board of Psychiatry and Neurology executes the first certificate of need in support of hospitalization under this part, then the patient may be subject to admission under § 33-6-403 without the execution of a second certificate of need in support of hospitalization under this part. (c) A certificate of need in support of hospitalization pursuant to subsection (b) is not valid if: (1) It is made by a professional who is a relative by blood, marriage, or adoption, or the legal guardian, conservator, or legal custodian of the person who is the subject of the petition, application, or certificate; (2) It is made by a professional who has an ownership interest in a private facility in which the person is to be admitted; or (3) It is made by a professional who is employed by or contracts with the admitting hospital or treatment resource. (d) A certificate of need in support of hospitalization executed pursuant to subsection (b) does not relieve the hospital or treatment resource's chief officer from filing with the court, by the time of the probable cause hearing, the required certificates of need under § 33-6-421 and § 33-6-422 . (e) The admitting hospital or treatment resource may rescind the certificate of need executed pursuant to subsection (b), if a licensed physician or other qualified professional in examining the patient determines that the patient no longer meets admission criteria under § 33-6-403 . (f) Subsection (b) does not apply to a state-owned or -operated hospital or treatment resource or a hospital or treatment resource that contracts with the department of mental health and substance abuse services for in-patient psychiatric services. Amended by 2023 Tenn. Acts, ch. 199, s 2, eff. 7/1/2023. Acts 2000, ch. 947, § 1.
(a) If a person who is not a licensed physician executes the first certificate of need in support of hospitalization under this part, then only a licensed physician may execute the second certificate of need in support of hospitalization under this part.
(b) If a person who is a licensed physician and board certified as a psychiatrist by the American Board of Psychiatry and Neurology executes the first certificate of need in support of hospitalization under this part, then the patient may be subject to admission under § 33-6-403 without the execution of a second certificate of need in support of hospitalization under this part.
(c) A certificate of need in support of hospitalization pursuant to subsection (b) is not valid if: (1) It is made by a professional who is a relative by blood, marriage, or adoption, or the legal guardian, conservator, or legal custodian of the person who is the subject of the petition, application, or certificate; (2) It is made by a professional who has an ownership interest in a private facility in which the person is to be admitted; or (3) It is made by a professional who is employed by or contracts with the admitting hospital or treatment resource.
(1) It is made by a professional who is a relative by blood, marriage, or adoption, or the legal guardian, conservator, or legal custodian of the person who is the subject of the petition, application, or certificate;
(2) It is made by a professional who has an ownership interest in a private facility in which the person is to be admitted; or
(3) It is made by a professional who is employed by or contracts with the admitting hospital or treatment resource.
(d) A certificate of need in support of hospitalization executed pursuant to subsection (b) does not relieve the hospital or treatment resource's chief officer from filing with the court, by the time of the probable cause hearing, the required certificates of need under § 33-6-421 and § 33-6-422 .
(e) The admitting hospital or treatment resource may rescind the certificate of need executed pursuant to subsection (b), if a licensed physician or other qualified professional in examining the patient determines that the patient no longer meets admission criteria under § 33-6-403 .
(f) Subsection (b) does not apply to a state-owned or -operated hospital or treatment resource or a hospital or treatment resource that contracts with the department of mental health and substance abuse services for in-patient psychiatric services.
Amended by 2023 Tenn. Acts, ch. 199, s 2, eff. 7/1/2023.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-306 — TN Code / Title 33 / Chapter 1 / Section 33-1-306
Designation of administrative law judges or hearing officers
Status: in_force

The commissioner may designate employees as administrative law judges or hearing officers to conduct contested case hearings when cases are required to be held under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for admission review hearings for admission to department facilities. Acts 1984, ch. 922, § 1; T.C.A. § 33-1-206; Acts 2000, ch. 947, § 1.
The commissioner may designate employees as administrative law judges or hearing officers to conduct contested case hearings when cases are required to be held under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for admission review hearings for admission to department facilities.
Acts 1984, ch. 922, § 1; T.C.A. § 33-1-206; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-607 — TN Code / Title 33 / Chapter 6 / Section 33-6-607
Payment for outpatient services
Status: in_force

If the person is indigent and is not eligible for payment for service under any other governmentally or privately funded system, the department shall provide for the outpatient services. The person is responsible for payment for the services, if: (1) The person is not indigent; or (2) The person is eligible for payment for services under any other governmentally or privately funded system. 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(f) ; Acts 2000, ch. 947, § 1.
If the person is indigent and is not eligible for payment for service under any other governmentally or privately funded system, the department shall provide for the outpatient services. The person is responsible for payment for the services, if:
(1) The person is not indigent; or
(2) The person is eligible for payment for services under any other governmentally or privately funded system.
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(f) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-711 — TN Code / Title 33 / Chapter 3 / Section 33-3-711
Limitations on filing complaint
Status: in_force

No complaint under this part may be filed by or on behalf of a transferee within six (6) months after a hearing on a previous complaint under this part. Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
No complaint under this part may be filed by or on behalf of a transferee within six (6) months after a hearing on a previous complaint under this part.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-207 — TN Code / Title 33 / Chapter 5 / Section 33-5-207
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1992, ch. 981, § 9; T.C.A., § 33-5-408 ; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1992, ch. 981, § 9; T.C.A., § 33-5-408 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-305 — TN Code / Title 33 / Chapter 8 / Section 33-8-305
Electroconvulsive therapy upon child - Court approval or finding of emergency required
Status: in_force

(a) No mental health professional, hospital, treatment resource, or other person or facility may administer electroconvulsive therapy or other form of convulsive therapy to any person under eighteen (18) years of age under this section and §§ 33-8-306 - 33-8-313, except: (1) Upon prior written authorization by a court based upon a hearing at which it is shown that the approved convulsive therapy may be necessary for the child as determined under § 33-8-302 and is necessary in light of all evidence presented at the hearing; or (2) Emergency treatment under § 33-8-309 . (b) In all cases under this section and §§ 33-8-306 - 33-8-313, the court shall appoint for the child a guardian ad litem who is not the child's attorney. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(a); Acts 2000, ch. 947, §§ 1, 6.
(a) No mental health professional, hospital, treatment resource, or other person or facility may administer electroconvulsive therapy or other form of convulsive therapy to any person under eighteen (18) years of age under this section and §§ 33-8-306 - 33-8-313, except: (1) Upon prior written authorization by a court based upon a hearing at which it is shown that the approved convulsive therapy may be necessary for the child as determined under § 33-8-302 and is necessary in light of all evidence presented at the hearing; or (2) Emergency treatment under § 33-8-309 .
(1) Upon prior written authorization by a court based upon a hearing at which it is shown that the approved convulsive therapy may be necessary for the child as determined under § 33-8-302 and is necessary in light of all evidence presented at the hearing; or
(2) Emergency treatment under § 33-8-309 .
(b) In all cases under this section and §§ 33-8-306 - 33-8-313, the court shall appoint for the child a guardian ad litem who is not the child's attorney.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(a); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-2-201 — TN Code / Title 33 / Chapter 2 / Section 33-2-201
Three-year plan for services and supports - Annual budget request
Status: in_force

(a) The department, on the basis of the statewide planning and policy council's recommendations, shall prepare and maintain on a continuing basis a three-year plan for all mental health services and supports for the state, including services and supports provided or funded by private service providers of all kinds. The department shall revise the plan annually on the basis of its assessment of the public's need for mental health services and supports. (b) The department shall base its annual budget request to the governor on that part of the three-year plan that the department proposes to be implemented with public funds during the budget year. The department shall report all service objectives and outcomes annually as a part of its three-year plan on which the budget is based. Acts 2000, ch. 947, § 1; 2010, ch. 1100, § 33.
(a) The department, on the basis of the statewide planning and policy council's recommendations, shall prepare and maintain on a continuing basis a three-year plan for all mental health services and supports for the state, including services and supports provided or funded by private service providers of all kinds. The department shall revise the plan annually on the basis of its assessment of the public's need for mental health services and supports.
(b) The department shall base its annual budget request to the governor on that part of the three-year plan that the department proposes to be implemented with public funds during the budget year. The department shall report all service objectives and outcomes annually as a part of its three-year plan on which the budget is based.
Acts 2000, ch. 947, § 1; 2010, ch. 1100, § 33.
Tenn. Code Ann. § 33-6-503 — TN Code / Title 33 / Chapter 6 / Section 33-6-503
Two (2)
Status: in_force

No defendant may be judicially committed under this part unless two (2) licensed physicians; one (1) licensed physician and one (1) licensed psychologist qualified under § 33-6-427(a) ; or one (1) licensed physician and one (1) qualified advanced practice provider as defined in § 33-6-407(a) , who is not in a collaborating agreement with the licensed physician who signed the other certificate required by this section, file in the commitment proceeding certificates of need for care and treatment certifying that the defendant satisfies the requirements of § 33-6-502(1)-(4) and showing the factual foundation for the conclusions on each item. No defendant who is a child under sixteen (16) years of age may be judicially committed under this part unless one (1) of the certificates is filed by a physician, psychologist, or qualified advanced practice provider with experience with children. Amended by 2024 Tenn. Acts, ch. 785,s 2, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2004, ch. 565, § 8.
No defendant may be judicially committed under this part unless two (2) licensed physicians; one (1) licensed physician and one (1) licensed psychologist qualified under § 33-6-427(a) ; or one (1) licensed physician and one (1) qualified advanced practice provider as defined in § 33-6-407(a) , who is not in a collaborating agreement with the licensed physician who signed the other certificate required by this section, file in the commitment proceeding certificates of need for care and treatment certifying that the defendant satisfies the requirements of § 33-6-502(1)-(4) and showing the factual foundation for the conclusions on each item. No defendant who is a child under sixteen (16) years of age may be judicially committed under this part unless one (1) of the certificates is filed by a physician, psychologist, or qualified advanced practice provider with experience with children.
Amended by 2024 Tenn. Acts, ch. 785,s 2, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2004, ch. 565, § 8.
Tenn. Code Ann. § 33-7-104 — TN Code / Title 33 / Chapter 7 / Section 33-7-104
Admissions to a state-owned or operated facility
Status: in_force

Notwithstanding any other law to the contrary, all admissions or transfers to a state-owned or operated hospital or treatment resource under this chapter 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 under this chapter shall occur until the commissioner 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. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations. Acts 2009, ch. 531, § 43.
Notwithstanding any other law to the contrary, all admissions or transfers to a state-owned or operated hospital or treatment resource under this chapter 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 under this chapter shall occur until the commissioner 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. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations.
Acts 2009, ch. 531, § 43.
Tenn. Code Ann. § 33-4-103 — TN Code / Title 33 / Chapter 4 / Section 33-4-103
Notice of admission to guardian or family
Status: in_force

If a person is admitted to a hospital or residential service on the application of any person other than the person's parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, the chief officer shall immediately notify the person's parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin, if known. Amended by 2024 Tenn. Acts, ch. 688,s 85, eff. 7/1/2024. Acts 1965, ch. 38, § 45; T.C.A., § 33-608; Acts 1985, ch. 437, § 17; 1996, ch. 1079, § 62; T.C.A., § 33-6-107 ; Acts 2000, ch. 947, § 1.
If a person is admitted to a hospital or residential service on the application of any person other than the person's parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, the chief officer shall immediately notify the person's parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin, if known.
Amended by 2024 Tenn. Acts, ch. 688,s 85, eff. 7/1/2024.
Acts 1965, ch. 38, § 45; T.C.A., § 33-608; Acts 1985, ch. 437, § 17; 1996, ch. 1079, § 62; T.C.A., § 33-6-107 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-710 — TN Code / Title 33 / Chapter 3 / Section 33-3-710
Findings by court or jury
Status: in_force

If the court finds by a preponderance of the evidence under the transfer statute that the transferee is subject to transfer or continues to be eligible for care and treatment in a facility to which the person was transferred, the court shall so declare. If the court finds otherwise, the court shall order the person's transfer from the receiving facility to the transferring facility or shall order that the person not be transferred to the proposed facility. Findings of a jury with respect to the transfer criteria shall be reported by special verdict. Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
If the court finds by a preponderance of the evidence under the transfer statute that the transferee is subject to transfer or continues to be eligible for care and treatment in a facility to which the person was transferred, the court shall so declare. If the court finds otherwise, the court shall order the person's transfer from the receiving facility to the transferring facility or shall order that the person not be transferred to the proposed facility. Findings of a jury with respect to the transfer criteria shall be reported by special verdict.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-1107 — TN Code / Title 33 / Chapter 2 / Section 33-2-1107
Claims against recipients
Status: in_force

The state has a continuing claim against the recipient of service from a program operated by the department and the recipient's estate and against responsible relatives for any unpaid difference between what the department determines the person owes and what was paid for the service provided. If the recipient of service dies, or a responsible relative of the recipient of service dies, and the commissioner presents a claim for a sum unpaid and owing to the state on account of the recipient of service, then the claim shall be paid from the estate of the deceased person. Acts 1983, ch. 323, § 32; T.C.A. (orig. ed.), 33-4-110; Acts 1996, ch. 795, § 7; T.C.A., § 33-4-109 ; Acts 2000, ch. 947, § 1.
The state has a continuing claim against the recipient of service from a program operated by the department and the recipient's estate and against responsible relatives for any unpaid difference between what the department determines the person owes and what was paid for the service provided. If the recipient of service dies, or a responsible relative of the recipient of service dies, and the commissioner presents a claim for a sum unpaid and owing to the state on account of the recipient of service, then the claim shall be paid from the estate of the deceased person.
Acts 1983, ch. 323, § 32; T.C.A. (orig. ed.), 33-4-110; Acts 1996, ch. 795, § 7; T.C.A., § 33-4-109 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-1201 — TN Code / Title 33 / Chapter 2 / Section 33-2-1201
Department employees, volunteers and applicants to submit to background check and fingerprinting
Status: in_force

(a) To help the department determine the suitability of a person for volunteer services or employment and verify the accuracy of information submitted in support of an application to work for the department, any person who applies to work for the department as an employee, or any volunteer, whose function would include direct contact with or direct responsibility for persons with mental illness or serious emotional disturbance shall: (1) Agree to the release of all investigative records about the person from any source, including federal, state and local governments; and (2) Supply a fingerprint sample for the conduct of a criminal background investigation by the Tennessee bureau of investigation. If no disqualifying record is identified, the bureau shall send the fingerprints to the federal bureau of investigation for a national criminal history record check. (b) The department shall pay the costs for conducting any investigation under this section. Amended by 2024 Tenn. Acts, ch. 688,s 53, eff. 7/1/2024. Acts 1996, ch. 993, § 1; 1997 , ch. 305, § 1; 1999, ch. 466, § 1; T.C.A. § 33-1-209(a), (b); Acts 2000, ch. 947, § 1; 2004, ch. 565, § 11.
(a) To help the department determine the suitability of a person for volunteer services or employment and verify the accuracy of information submitted in support of an application to work for the department, any person who applies to work for the department as an employee, or any volunteer, whose function would include direct contact with or direct responsibility for persons with mental illness or serious emotional disturbance shall: (1) Agree to the release of all investigative records about the person from any source, including federal, state and local governments; and (2) Supply a fingerprint sample for the conduct of a criminal background investigation by the Tennessee bureau of investigation. If no disqualifying record is identified, the bureau shall send the fingerprints to the federal bureau of investigation for a national criminal history record check.
(1) Agree to the release of all investigative records about the person from any source, including federal, state and local governments; and
(2) Supply a fingerprint sample for the conduct of a criminal background investigation by the Tennessee bureau of investigation. If no disqualifying record is identified, the bureau shall send the fingerprints to the federal bureau of investigation for a national criminal history record check.
(b) The department shall pay the costs for conducting any investigation under this section.
Amended by 2024 Tenn. Acts, ch. 688,s 53, eff. 7/1/2024.
Acts 1996, ch. 993, § 1; 1997 , ch. 305, § 1; 1999, ch. 466, § 1; T.C.A. § 33-1-209(a), (b); Acts 2000, ch. 947, § 1; 2004, ch. 565, § 11.
Tenn. Code Ann. § 33-6-805 — TN Code / Title 33 / Chapter 6 / Section 33-6-805
Post-plea treatment system
Status: in_force

(a) The department of mental health and substance abuse services, in cooperation with the department of correction, the department of human services and the district attorneys general conference, shall develop a post-plea treatment system for sexual offenders, victims, and their families, modeled after systems that are operating in some local communities around the country. The system shall provide for a standard fee for treatment services and shall provide for the development of a certification process for service providers to assure sexual abuse treatment expertise by the service providers. The certification should encompass a combination of professional education and licensure with specialized knowledge in this field. The treatment system shall be designed within a conceptual framework that includes, but is not limited to, the following: (1) Limiting offender eligibility to first-offender, intra-family abuse, absence of violence or threat of violence, sexual abuse of short duration, absence of drug or alcohol addiction, and abuse that has resulted in no significant trauma to the child victim; (2) The sentence and probation established for program participants shall be a definite sentence; and (3) As a requirement for participation in the treatment program, the offender shall plead guilty to the commission of the appropriate sexual offense and agree to abide by all requirements of the probation agreement or sentence alternative. (b) The probation agreement or sentence alternative shall require that the offender pay for the victim's medical and psychological treatment, as needed, and for the offender's treatment in the treatment program, based upon the offender's financial ability to pay. Acts 1985, ch. 478, § 37; 1987, ch. 145, § 26; 1988, ch. 953, § 8; T.C.A., § 33-6-306 ; Acts 2000, ch. 947, §§ 1, 6; 2010, ch. 1100, § 45; 2012, ch. 575, § 1.
(a) The department of mental health and substance abuse services, in cooperation with the department of correction, the department of human services and the district attorneys general conference, shall develop a post-plea treatment system for sexual offenders, victims, and their families, modeled after systems that are operating in some local communities around the country. The system shall provide for a standard fee for treatment services and shall provide for the development of a certification process for service providers to assure sexual abuse treatment expertise by the service providers. The certification should encompass a combination of professional education and licensure with specialized knowledge in this field. The treatment system shall be designed within a conceptual framework that includes, but is not limited to, the following: (1) Limiting offender eligibility to first-offender, intra-family abuse, absence of violence or threat of violence, sexual abuse of short duration, absence of drug or alcohol addiction, and abuse that has resulted in no significant trauma to the child victim; (2) The sentence and probation established for program participants shall be a definite sentence; and (3) As a requirement for participation in the treatment program, the offender shall plead guilty to the commission of the appropriate sexual offense and agree to abide by all requirements of the probation agreement or sentence alternative.
(1) Limiting offender eligibility to first-offender, intra-family abuse, absence of violence or threat of violence, sexual abuse of short duration, absence of drug or alcohol addiction, and abuse that has resulted in no significant trauma to the child victim;
(2) The sentence and probation established for program participants shall be a definite sentence; and
(3) As a requirement for participation in the treatment program, the offender shall plead guilty to the commission of the appropriate sexual offense and agree to abide by all requirements of the probation agreement or sentence alternative.
(b) The probation agreement or sentence alternative shall require that the offender pay for the victim's medical and psychological treatment, as needed, and for the offender's treatment in the treatment program, based upon the offender's financial ability to pay.
Acts 1985, ch. 478, § 37; 1987, ch. 145, § 26; 1988, ch. 953, § 8; T.C.A., § 33-6-306 ; Acts 2000, ch. 947, §§ 1, 6; 2010, ch. 1100, § 45; 2012, ch. 575, § 1.
Tenn. Code Ann. § 33-3-114 — TN Code / Title 33 / Chapter 3 / Section 33-3-114
Exceptions to evidentiary privilege of mental health professionals
Status: in_force

Notwithstanding any evidentiary privilege a qualified mental health professional may have, including §§ 24-1-207 , 63-11-213 , 63-22-114 , and 63-23-109 , the qualified mental health professional may be compelled to testify in: (1) Judicial proceedings under this title to commit a person with mental illness or serious emotional disturbance to treatment if the qualified mental health professional decides that the service recipient is in need of compulsory care and treatment; (2) In proceedings for which the qualified mental health professional was ordered by the court to examine the service recipient if the service recipient was advised that communications to the qualified mental health professional would not be privileged; (3) Judicial proceedings under chapter 8, part 3 of this title; and (4) Guardianship, conservatorship, and veterans' guardianship proceedings under title 34. Amended by 2024 Tenn. Acts, ch. 688,s 61, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 14.
Notwithstanding any evidentiary privilege a qualified mental health professional may have, including §§ 24-1-207 , 63-11-213 , 63-22-114 , and 63-23-109 , the qualified mental health professional may be compelled to testify in:
(1) Judicial proceedings under this title to commit a person with mental illness or serious emotional disturbance to treatment if the qualified mental health professional decides that the service recipient is in need of compulsory care and treatment;
(2) In proceedings for which the qualified mental health professional was ordered by the court to examine the service recipient if the service recipient was advised that communications to the qualified mental health professional would not be privileged;
(3) Judicial proceedings under chapter 8, part 3 of this title; and
(4) Guardianship, conservatorship, and veterans' guardianship proceedings under title 34.
Amended by 2024 Tenn. Acts, ch. 688,s 61, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 14.
Tenn. Code Ann. § 33-5-504 — TN Code / Title 33 / Chapter 5 / Section 33-5-504
[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. § 33-6-1015 — TN Code / Title 33 / Chapter 6 / Section 33-6-1015
Providers to have written policies and procedures relating to declarations for mental health treatment
Status: in_force

(a) A mental health service provider shall maintain written policies and procedures, applicable to all competent adults who receive mental health treatment from the service provider, that provide for: (1) Delivering to service recipients the following information and material, in written form, without recommendation: (A) Information materials provided by the state on the right to make mental health treatment decisions, including the right to accept or refuse mental health treatment and the right to execute declarations for mental health treatment; (B) Information on the policies of the provider with respect to implementation of the right to make mental health treatment decisions; (C) A copy of the declaration for mental health treatment form; and (D) The name of a person who can provide additional information concerning the forms for declarations for mental health treatment; (2) Documenting in a prominent place in the service recipient's record whether there is an executed declaration for mental health treatment; (3) Ensuring compliance by the provider with the law relating to declarations for mental health treatment; and (4) Educating the staff and the community on issues relating to declarations for mental health treatment. (b) A provider need not furnish a copy of a declaration for mental health treatment to a service recipient if the provider has reason to believe that the service recipient has received a copy of a declaration in the form set forth in this part within the preceding twelve (12) month period or has a validly executed declaration. (c) The requirements of this section are in addition to any requirements that may be imposed under federal law and shall be interpreted in a manner consistent with federal law. Nothing in this section shall be interpreted to require a mental health service provider or any employee or agent of a mental health service provider to act in a manner inconsistent with federal law or contrary to the provider's religious or philosophical beliefs. (d) No mental health service provider is subject to criminal prosecution or civil liability for failure to comply with this section. Acts 2000, ch. 947, § 1.
(a) A mental health service provider shall maintain written policies and procedures, applicable to all competent adults who receive mental health treatment from the service provider, that provide for: (1) Delivering to service recipients the following information and material, in written form, without recommendation: (A) Information materials provided by the state on the right to make mental health treatment decisions, including the right to accept or refuse mental health treatment and the right to execute declarations for mental health treatment; (B) Information on the policies of the provider with respect to implementation of the right to make mental health treatment decisions; (C) A copy of the declaration for mental health treatment form; and (D) The name of a person who can provide additional information concerning the forms for declarations for mental health treatment; (2) Documenting in a prominent place in the service recipient's record whether there is an executed declaration for mental health treatment; (3) Ensuring compliance by the provider with the law relating to declarations for mental health treatment; and (4) Educating the staff and the community on issues relating to declarations for mental health treatment.
(1) Delivering to service recipients the following information and material, in written form, without recommendation: (A) Information materials provided by the state on the right to make mental health treatment decisions, including the right to accept or refuse mental health treatment and the right to execute declarations for mental health treatment; (B) Information on the policies of the provider with respect to implementation of the right to make mental health treatment decisions; (C) A copy of the declaration for mental health treatment form; and (D) The name of a person who can provide additional information concerning the forms for declarations for mental health treatment;
(A) Information materials provided by the state on the right to make mental health treatment decisions, including the right to accept or refuse mental health treatment and the right to execute declarations for mental health treatment;
(B) Information on the policies of the provider with respect to implementation of the right to make mental health treatment decisions;
(C) A copy of the declaration for mental health treatment form; and
(D) The name of a person who can provide additional information concerning the forms for declarations for mental health treatment;
(2) Documenting in a prominent place in the service recipient's record whether there is an executed declaration for mental health treatment;
(3) Ensuring compliance by the provider with the law relating to declarations for mental health treatment; and
(4) Educating the staff and the community on issues relating to declarations for mental health treatment.
(b) A provider need not furnish a copy of a declaration for mental health treatment to a service recipient if the provider has reason to believe that the service recipient has received a copy of a declaration in the form set forth in this part within the preceding twelve (12) month period or has a validly executed declaration.
(c) The requirements of this section are in addition to any requirements that may be imposed under federal law and shall be interpreted in a manner consistent with federal law. Nothing in this section shall be interpreted to require a mental health service provider or any employee or agent of a mental health service provider to act in a manner inconsistent with federal law or contrary to the provider's religious or philosophical beliefs.
(d) No mental health service provider is subject to criminal prosecution or civil liability for failure to comply with this section.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-501 — TN Code / Title 33 / Chapter 5 / Section 33-5-501
[Repealed]
Status: repealed

Amended by 2024 Tenn. Acts, ch. 784,s 12, eff. 7/1/2024. Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
Amended by 2024 Tenn. Acts, ch. 784,s 12, eff. 7/1/2024.
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. § 33-6-501 — TN Code / Title 33 / Chapter 6 / Section 33-6-501
"Substantial likelihood of serious harm" defined
Status: in_force

IF AND ONLY IF (1) (A) a person has threatened or attempted suicide or to inflict serious bodily harm on the person, OR (B) the person has threatened or attempted homicide or other violent behavior, OR (C) the person has placed others in reasonable fear of violent behavior and serious physical harm to them, OR (D) the person is unable to avoid severe impairment or injury from specific risks, AND (2) there is a substantial likelihood that the harm will occur unless the person is placed under involuntary treatment, THEN (3) the person poses a "substantial likelihood of serious harm" for purposes of this title. Acts 2000, ch. 947, § 1.
IF AND ONLY IF
(1) (A) a person has threatened or attempted suicide or to inflict serious bodily harm on the person, OR (B) the person has threatened or attempted homicide or other violent behavior, OR (C) the person has placed others in reasonable fear of violent behavior and serious physical harm to them, OR (D) the person is unable to avoid severe impairment or injury from specific risks, AND
(A) a person has threatened or attempted suicide or to inflict serious bodily harm on the person, OR
(B) the person has threatened or attempted homicide or other violent behavior, OR
(C) the person has placed others in reasonable fear of violent behavior and serious physical harm to them, OR
(D) the person is unable to avoid severe impairment or injury from specific risks, AND
(2) there is a substantial likelihood that the harm will occur unless the person is placed under involuntary treatment, THEN
THEN
(3) the person poses a "substantial likelihood of serious harm" for purposes of this title.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-419 — TN Code / Title 33 / Chapter 6 / Section 33-6-419
Notice to court of legal representation - Appointment of counsel
Status: in_force

The defendant's attorney shall notify the court of the representation immediately after accepting it. If the defendant does not employ an attorney, the court shall appoint an attorney to represent the defendant not later than two (2) days after the original detention or three (3) days before the date of the hearing, whichever is earlier. An attorney representing the defendant shall not serve as guardian ad litem. If the court determines that the defendant is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the defendant's guardian ad litem. Acts 2000, ch. 947, § 1.
The defendant's attorney shall notify the court of the representation immediately after accepting it. If the defendant does not employ an attorney, the court shall appoint an attorney to represent the defendant not later than two (2) days after the original detention or three (3) days before the date of the hearing, whichever is earlier. An attorney representing the defendant shall not serve as guardian ad litem. If the court determines that the defendant is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the defendant's guardian ad litem.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-202 — TN Code / Title 33 / Chapter 10 / Section 33-10-202
Appearance before judicial officer of persons arrested for intoxication - Disposition
Status: in_force

(a) Whenever any citizen is taken into custody solely because of a condition of intoxication or similar condition, it shall be the duty of the arresting officer to promptly present the citizen before a judicial officer. (b) If the judicial officer finds that the citizen is in need of and willing to accept medical treatment for the citizen's condition, then the judicial officer shall order the arresting officer to conduct the citizen to a place of treatment, if available, and the delivery of the citizen to the designated place of treatment shall effectively release and discharge the arresting officer and judicial officer from any further duties or liability in connection with the arrest. Acts 1973, ch. 295, § 17; T.C.A., § 33-817; Acts 1993, ch. 234, § 5; T.C.A., § 33-8-202 ; Acts 2009, ch. 186, § 22; T.C.A., § 68-24-202 .
(a) Whenever any citizen is taken into custody solely because of a condition of intoxication or similar condition, it shall be the duty of the arresting officer to promptly present the citizen before a judicial officer.
(b) If the judicial officer finds that the citizen is in need of and willing to accept medical treatment for the citizen's condition, then the judicial officer shall order the arresting officer to conduct the citizen to a place of treatment, if available, and the delivery of the citizen to the designated place of treatment shall effectively release and discharge the arresting officer and judicial officer from any further duties or liability in connection with the arrest.
Acts 1973, ch. 295, § 17; T.C.A., § 33-817; Acts 1993, ch. 234, § 5; T.C.A., § 33-8-202 ; Acts 2009, ch. 186, § 22; T.C.A., § 68-24-202 .
Tenn. Code Ann. § 33-3-120 — TN Code / Title 33 / Chapter 3 / Section 33-3-120
Isolation and restraints prohibited - Exceptions and limitations
Status: in_force

(a) Service recipients have the right to be free from isolation and restraints, in any form, imposed as a means of coercion, discipline, convenience or retaliation by staff. Restraints include physical and mechanical restraints and drugs used to control behavior or to restrict freedom of movement if the drug or the dosage of the drug is not a standard treatment for the service recipient's medical or psychiatric condition. Isolation is placement of a person alone in a room from which egress is prevented. Isolation and restraint may be used only while the condition justifying its use exists. (b) A person with mental illness or serious emotional disturbance may be isolated or restrained only in emergency situations if necessary to assure the physical safety of the person or another person nearby or to prevent significant destruction of property. If a person imposes restraints or isolation, the person shall immediately contact a professional who is permitted under department rules to authorize the isolation or restraint. If the treating physician is not the person who orders isolation or restraint, the treating physician shall be consulted as soon as possible. A professional authorized by department rules shall see and evaluate the person's condition within one (1) hour of the intervention. (c) [Deleted by 2024 amendment.] (d) Staff shall remain in the physical presence of a person in restraint. Staff shall continuously observe a person in isolation or restraint for the health and well being of the person. (e) The professional shall record the use of restraint or isolation, the reasons for its use, and the duration of its use in the person's record. (f) All staff who may have direct contact with a person being restrained or isolated shall receive ongoing education and training in alternative methods for handling behavior and the safe use of isolation and restraint. (g) The department shall adopt rules as to circumstances under which use of restraint and isolation are permitted. The department shall distribute the rules to all who provide services covered by this title. (h) The department shall report annually to the statewide planning and policy council on the use of restraint and isolation in the state and its rules on the subject. Amended by 2024 Tenn. Acts, ch. 688,s 62, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2001, ch. 334, § 2; 2002, ch. 730, § 15; 2007 , ch. 96, § 1.
(a) Service recipients have the right to be free from isolation and restraints, in any form, imposed as a means of coercion, discipline, convenience or retaliation by staff. Restraints include physical and mechanical restraints and drugs used to control behavior or to restrict freedom of movement if the drug or the dosage of the drug is not a standard treatment for the service recipient's medical or psychiatric condition. Isolation is placement of a person alone in a room from which egress is prevented. Isolation and restraint may be used only while the condition justifying its use exists.
(b) A person with mental illness or serious emotional disturbance may be isolated or restrained only in emergency situations if necessary to assure the physical safety of the person or another person nearby or to prevent significant destruction of property. If a person imposes restraints or isolation, the person shall immediately contact a professional who is permitted under department rules to authorize the isolation or restraint. If the treating physician is not the person who orders isolation or restraint, the treating physician shall be consulted as soon as possible. A professional authorized by department rules shall see and evaluate the person's condition within one (1) hour of the intervention.
(c) [Deleted by 2024 amendment.]
(d) Staff shall remain in the physical presence of a person in restraint. Staff shall continuously observe a person in isolation or restraint for the health and well being of the person.
(e) The professional shall record the use of restraint or isolation, the reasons for its use, and the duration of its use in the person's record.
(f) All staff who may have direct contact with a person being restrained or isolated shall receive ongoing education and training in alternative methods for handling behavior and the safe use of isolation and restraint.
(g) The department shall adopt rules as to circumstances under which use of restraint and isolation are permitted. The department shall distribute the rules to all who provide services covered by this title.
(h) The department shall report annually to the statewide planning and policy council on the use of restraint and isolation in the state and its rules on the subject.
Amended by 2024 Tenn. Acts, ch. 688,s 62, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2001, ch. 334, § 2; 2002, ch. 730, § 15; 2007 , ch. 96, § 1.
Tenn. Code Ann. § 33-2-704 — TN Code / Title 33 / Chapter 2 / Section 33-2-704
Cooperative agreements among community mental health centers - Review by department - Certificate of public advantage
Status: in_force

(a) A community mental health center may negotiate and enter into cooperative agreements with other community mental health centers in the state if the likely benefits resulting from the agreements outweigh any disadvantages attributable to a reduction in competition that may result from the agreements. (b) Parties to a cooperative agreement may apply to the department for a certificate of public advantage governing that cooperative agreement. The application shall include an executed written copy of the cooperative agreement and describe the nature and scope of the cooperation in the agreement and any consideration passing to any party under the agreement. A copy of the application and copies of all additional related materials shall be submitted to the attorney general and reporter and to the department at the same time. (c) The department shall review the application in accordance with the standards set forth in subsection (e) and may hold a public hearing in accordance with the rules adopted by the department. The department shall give notice of the application to interested parties by publishing a notice in the state administrative register in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Any intervenor may intervene in the proceeding and shall have standing under the Uniform Administrative Procedures Act. The department shall grant or deny the application within sixty (60) days of the date of filing of the application, and that decision shall be in writing and set forth the basis for the decision. The department shall furnish a copy of the decision to the applicants, the attorney general and reporter, and any intervenor. Should the department determine that additional time is needed to review the application, the department, upon written notice to the applicants, the attorney general and reporter and any intervenor, may extend the time for review for a period of thirty (30) days except that, in the discretion of the commissioner, the period may be extended for an additional thirty (30) days. (d) If the cooperative agreement primarily relates to a program funded or administered by another department or agency of state government, the department may refer the application to that other department or agency to conduct the review and render the decision required by this part. (e) The department shall issue a certificate of public advantage for a cooperative agreement if it, or the other department or agency to which the department has referred the application pursuant to subsection (d), determines that the likely benefits resulting from the agreement outweigh any disadvantages attributable to a reduction in competition that may result from the agreement. (f) In evaluating the potential benefits of a cooperative agreement, the department may consider whether one (1) or more of the following benefits may result from the cooperative agreement: (1) Enhanced quality of mental health and mental health-related care provided to state citizens, especially those receiving the services under programs funded or administered by departments or agencies of state government; (2) Preservation of community mental health facilities in geographical proximity to the communities traditionally served by those facilities; (3) Gains in the cost-efficiency of services provided by the community mental health centers involved; (4) Improvements in the utilization of mental health resources and equipment; (5) Avoidance of duplication of mental health resources; and (6) Enhanced efficiency of the administration of programs of state government to provide mental health services to citizens of this state. (g) The department's evaluation of any disadvantages attributable to any reduction in competition likely to result from the agreement may include, but need not be limited to, the following factors: (1) The extent of any likely adverse impact on the ability of health maintenance organizations, preferred provider organizations, managed health care organizations or other health care payers to negotiate optimal payment and service arrangements with community mental health centers, or other health care providers; (2) The extent of any reduction in competition among physicians, allied health professionals, other health care providers, or other persons furnishing goods or services to, or in competition with, community mental health centers that is likely to result directly or indirectly from the cooperative agreement; (3) The extent of any likely adverse impact on persons with mental illness or serious emotional disturbance in the quality, availability and price of health care services; and (4) The availability of arrangements that are less restrictive to competition and achieve the same benefits or a more favorable balance of benefits over disadvantages attributable to any reduction in competition likely to result from the agreement. (h) The department, or other department or agency to which the department has referred the application under subsection (d), shall consult with the attorney general and reporter regarding its evaluation of any potential reduction in competition resulting from a cooperative agreement. The attorney general and reporter may consult with the United States department of justice or the federal trade commission regarding its evaluation of any potential reduction in competition resulting from a cooperative agreement. Should the attorney general and reporter, after consultation with the department, determine that it is necessary to consult with the United States department of justice or the federal trade commission, or determines that further information is needed to review the application, the department, upon written notice to the applicant, attorney general and reporter, and any intervenor, may extend the time for approval or disapproval of an application an additional forty-five (45) days. (i) If the department, or the other department or agency to which the department has referred the application under subsection (d), determines that the likely benefits resulting from a certified agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the department, or the other department or agency to which the department has referred the application under subsection (d), may initiate contested case proceedings to terminate the certificate of public advantage in accordance with the Uniform Administrative Procedures Act. (j) The department shall maintain on file all cooperative agreements for which certificates of public advantage remain in effect. Any party to a cooperative agreement who terminates the agreement shall file a notice of termination. (k) The department, or the other department or agency to which the department has referred the application under subsection (d), shall review, on at least an annual basis, each certificate of public advantage it has granted under this part. The certificate shall be renewed if it is determined that the certificate continues to comply with the standards of subsection (e). (l) Prior to making an application for a certificate of public advantage, the parties may submit an initial filing at least forty-five (45) days prior to filing the application. The initial filing shall summarize the proposed cooperative agreement, describe the affected geographic market areas and those matters described in subsections (f) and (g). The department shall review the initial filing within thirty (30) days of receipt of the filing, informing the parties of any deficiencies along with a statement of specific remedial measures as to how the deficiencies could be corrected. A review of the initial filing by the department does not constitute approval of the final application. Acts 1998, ch. 1005, § 4; T.C.A., § 33-2-904; Acts 2000, ch. 947, § 1; 2001, ch. 349, §§ 3 - 8.
(a) A community mental health center may negotiate and enter into cooperative agreements with other community mental health centers in the state if the likely benefits resulting from the agreements outweigh any disadvantages attributable to a reduction in competition that may result from the agreements.
(b) Parties to a cooperative agreement may apply to the department for a certificate of public advantage governing that cooperative agreement. The application shall include an executed written copy of the cooperative agreement and describe the nature and scope of the cooperation in the agreement and any consideration passing to any party under the agreement. A copy of the application and copies of all additional related materials shall be submitted to the attorney general and reporter and to the department at the same time.
(c) The department shall review the application in accordance with the standards set forth in subsection (e) and may hold a public hearing in accordance with the rules adopted by the department. The department shall give notice of the application to interested parties by publishing a notice in the state administrative register in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Any intervenor may intervene in the proceeding and shall have standing under the Uniform Administrative Procedures Act. The department shall grant or deny the application within sixty (60) days of the date of filing of the application, and that decision shall be in writing and set forth the basis for the decision. The department shall furnish a copy of the decision to the applicants, the attorney general and reporter, and any intervenor. Should the department determine that additional time is needed to review the application, the department, upon written notice to the applicants, the attorney general and reporter and any intervenor, may extend the time for review for a period of thirty (30) days except that, in the discretion of the commissioner, the period may be extended for an additional thirty (30) days.
(d) If the cooperative agreement primarily relates to a program funded or administered by another department or agency of state government, the department may refer the application to that other department or agency to conduct the review and render the decision required by this part.
(e) The department shall issue a certificate of public advantage for a cooperative agreement if it, or the other department or agency to which the department has referred the application pursuant to subsection (d), determines that the likely benefits resulting from the agreement outweigh any disadvantages attributable to a reduction in competition that may result from the agreement.
(f) In evaluating the potential benefits of a cooperative agreement, the department may consider whether one (1) or more of the following benefits may result from the cooperative agreement: (1) Enhanced quality of mental health and mental health-related care provided to state citizens, especially those receiving the services under programs funded or administered by departments or agencies of state government; (2) Preservation of community mental health facilities in geographical proximity to the communities traditionally served by those facilities; (3) Gains in the cost-efficiency of services provided by the community mental health centers involved; (4) Improvements in the utilization of mental health resources and equipment; (5) Avoidance of duplication of mental health resources; and (6) Enhanced efficiency of the administration of programs of state government to provide mental health services to citizens of this state.
(1) Enhanced quality of mental health and mental health-related care provided to state citizens, especially those receiving the services under programs funded or administered by departments or agencies of state government;
(2) Preservation of community mental health facilities in geographical proximity to the communities traditionally served by those facilities;
(3) Gains in the cost-efficiency of services provided by the community mental health centers involved;
(4) Improvements in the utilization of mental health resources and equipment;
(5) Avoidance of duplication of mental health resources; and
(6) Enhanced efficiency of the administration of programs of state government to provide mental health services to citizens of this state.
(g) The department's evaluation of any disadvantages attributable to any reduction in competition likely to result from the agreement may include, but need not be limited to, the following factors: (1) The extent of any likely adverse impact on the ability of health maintenance organizations, preferred provider organizations, managed health care organizations or other health care payers to negotiate optimal payment and service arrangements with community mental health centers, or other health care providers; (2) The extent of any reduction in competition among physicians, allied health professionals, other health care providers, or other persons furnishing goods or services to, or in competition with, community mental health centers that is likely to result directly or indirectly from the cooperative agreement; (3) The extent of any likely adverse impact on persons with mental illness or serious emotional disturbance in the quality, availability and price of health care services; and (4) The availability of arrangements that are less restrictive to competition and achieve the same benefits or a more favorable balance of benefits over disadvantages attributable to any reduction in competition likely to result from the agreement.
(1) The extent of any likely adverse impact on the ability of health maintenance organizations, preferred provider organizations, managed health care organizations or other health care payers to negotiate optimal payment and service arrangements with community mental health centers, or other health care providers;
(2) The extent of any reduction in competition among physicians, allied health professionals, other health care providers, or other persons furnishing goods or services to, or in competition with, community mental health centers that is likely to result directly or indirectly from the cooperative agreement;
(3) The extent of any likely adverse impact on persons with mental illness or serious emotional disturbance in the quality, availability and price of health care services; and
(4) The availability of arrangements that are less restrictive to competition and achieve the same benefits or a more favorable balance of benefits over disadvantages attributable to any reduction in competition likely to result from the agreement.
(h) The department, or other department or agency to which the department has referred the application under subsection (d), shall consult with the attorney general and reporter regarding its evaluation of any potential reduction in competition resulting from a cooperative agreement. The attorney general and reporter may consult with the United States department of justice or the federal trade commission regarding its evaluation of any potential reduction in competition resulting from a cooperative agreement. Should the attorney general and reporter, after consultation with the department, determine that it is necessary to consult with the United States department of justice or the federal trade commission, or determines that further information is needed to review the application, the department, upon written notice to the applicant, attorney general and reporter, and any intervenor, may extend the time for approval or disapproval of an application an additional forty-five (45) days.
(i) If the department, or the other department or agency to which the department has referred the application under subsection (d), determines that the likely benefits resulting from a certified agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the department, or the other department or agency to which the department has referred the application under subsection (d), may initiate contested case proceedings to terminate the certificate of public advantage in accordance with the Uniform Administrative Procedures Act.
(j) The department shall maintain on file all cooperative agreements for which certificates of public advantage remain in effect. Any party to a cooperative agreement who terminates the agreement shall file a notice of termination.
(k) The department, or the other department or agency to which the department has referred the application under subsection (d), shall review, on at least an annual basis, each certificate of public advantage it has granted under this part. The certificate shall be renewed if it is determined that the certificate continues to comply with the standards of subsection (e).
(l) Prior to making an application for a certificate of public advantage, the parties may submit an initial filing at least forty-five (45) days prior to filing the application. The initial filing shall summarize the proposed cooperative agreement, describe the affected geographic market areas and those matters described in subsections (f) and (g). The department shall review the initial filing within thirty (30) days of receipt of the filing, informing the parties of any deficiencies along with a statement of specific remedial measures as to how the deficiencies could be corrected. A review of the initial filing by the department does not constitute approval of the final application.
Acts 1998, ch. 1005, § 4; T.C.A., § 33-2-904; Acts 2000, ch. 947, § 1; 2001, ch. 349, §§ 3 - 8.
Tenn. Code Ann. § 33-3-702 — TN Code / Title 33 / Chapter 3 / Section 33-3-702
Notice of complaint and hearing
Status: in_force

Upon receipt of a complaint the clerk shall mail notice of the filing and of the time and place of the hearing to the transferee and the plaintiff and shall mail notice and a copy of the complaint to the chief officers of the transferring facility and of the receiving facility and to the transferee's spouse, parent, responsible relative, legal guardian, legal custodian, or conservator. If mailing addresses are unknown, notice may be given by any other reasonable means. Acts 1984, ch. 922, § 5; 1996, ch. 1079, § 56; 2000, ch. 947, § 1.
Upon receipt of a complaint the clerk shall mail notice of the filing and of the time and place of the hearing to the transferee and the plaintiff and shall mail notice and a copy of the complaint to the chief officers of the transferring facility and of the receiving facility and to the transferee's spouse, parent, responsible relative, legal guardian, legal custodian, or conservator. If mailing addresses are unknown, notice may be given by any other reasonable means.
Acts 1984, ch. 922, § 5; 1996, ch. 1079, § 56; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-309 — TN Code / Title 33 / Chapter 6 / Section 33-6-309
Admission of person to treatment facility beyond seventy-two-hour period
Status: in_force

If at any time within the seventy-two hour period it is determined that the person continues to require immediate observation, assessment, and treatment in accordance with this part and that the requirement is likely to continue beyond the seventy-two hour period, the person shall be moved immediately to an appropriate hospital or treatment resource authorized to receive and detain persons with mental illness or serious emotional disturbance under chapter 6, part 4 of this title. The person shall be evaluated for admission and, if appropriate, shall be admitted in accordance with chapter 6, part 4 of this title, and if the person is so admitted, the fifteen-day retention period of chapter 6, part 4 of this title, shall be reduced by the number of days the person was detained under this part. Any person moved to a hospital pursuant to this section shall be moved without regard to the transfer provisions of this title. Evaluation for admission to a state-owned or operated hospital or treatment resource must conform to § 33-6-105 . Acts 2000, ch. 947, § 1; 2002, ch. 730, § 38.
If at any time within the seventy-two hour period it is determined that the person continues to require immediate observation, assessment, and treatment in accordance with this part and that the requirement is likely to continue beyond the seventy-two hour period, the person shall be moved immediately to an appropriate hospital or treatment resource authorized to receive and detain persons with mental illness or serious emotional disturbance under chapter 6, part 4 of this title. The person shall be evaluated for admission and, if appropriate, shall be admitted in accordance with chapter 6, part 4 of this title, and if the person is so admitted, the fifteen-day retention period of chapter 6, part 4 of this title, shall be reduced by the number of days the person was detained under this part. Any person moved to a hospital pursuant to this section shall be moved without regard to the transfer provisions of this title. Evaluation for admission to a state-owned or operated hospital or treatment resource must conform to § 33-6-105 .
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 38.
Tenn. Code Ann. § 33-5-505 — TN Code / Title 33 / Chapter 5 / Section 33-5-505
[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. § 33-3-404 — TN Code / Title 33 / Chapter 3 / Section 33-3-404
Transfer committees - Appointment of members
Status: in_force

A transfer committee consists of five (5) persons. If the person to be transferred is in the custody of the department of children's services, the commissioner of children's services shall appoint two (2) members of the committee, neither of whom may be the transferring chief officer. If the person to be transferred is in the custody of the department of correction, the commissioner of correction shall appoint two (2) members of the committee, neither of whom may be the transferring director. The commissioner of mental health and substance abuse services shall appoint three (3) members to review transfers of adults and two (2) members to review transfers of children. The executive director of the state commission on children and youth or the director's designee shall be a member of a transfer committee that reviews transfers of children. The committee members shall serve at the pleasure of the appointing commissioners. The commissioners may appoint alternate committee members. Amended by 2024 Tenn. Acts, ch. 688,s 72, eff. 7/1/2024. Acts 1984, ch. 922, § 34; 1989, ch. 278, § 31; 1996, ch. 1079, § 47; 2000, ch. 947, § 1; 2010 , ch. 1100, § 39; 2012 , ch. 575, § 2.
A transfer committee consists of five (5) persons. If the person to be transferred is in the custody of the department of children's services, the commissioner of children's services shall appoint two (2) members of the committee, neither of whom may be the transferring chief officer. If the person to be transferred is in the custody of the department of correction, the commissioner of correction shall appoint two (2) members of the committee, neither of whom may be the transferring director. The commissioner of mental health and substance abuse services shall appoint three (3) members to review transfers of adults and two (2) members to review transfers of children. The executive director of the state commission on children and youth or the director's designee shall be a member of a transfer committee that reviews transfers of children. The committee members shall serve at the pleasure of the appointing commissioners. The commissioners may appoint alternate committee members.
Amended by 2024 Tenn. Acts, ch. 688,s 72, eff. 7/1/2024.
Acts 1984, ch. 922, § 34; 1989, ch. 278, § 31; 1996, ch. 1079, § 47; 2000, ch. 947, § 1; 2010 , ch. 1100, § 39; 2012 , ch. 575, § 2.
Tenn. Code Ann. § 33-4-107 — TN Code / Title 33 / Chapter 4 / Section 33-4-107
Commitment to private facility - Certificate by disinterested professional
Status: in_force

(a) If a person is proposed to be committed to a private facility under this title, at least one (1) of the required certificates of need shall be from a professional who is not an employee of the private facility. (b) For purposes of this section, employment as a faculty member by a school of medicine at a university or college associated with a hospital shall not constitute employment at a private facility. Acts 1983, ch. 323, § 16; T.C.A., § 33-346; Acts 1984, ch. 922, § 7; 1995, ch. 320, § 1; T.C.A., § 33-3-109 ; Acts 2000, ch. 947, § 1.
(a) If a person is proposed to be committed to a private facility under this title, at least one (1) of the required certificates of need shall be from a professional who is not an employee of the private facility.
(b) For purposes of this section, employment as a faculty member by a school of medicine at a university or college associated with a hospital shall not constitute employment at a private facility.
Acts 1983, ch. 323, § 16; T.C.A., § 33-346; Acts 1984, ch. 922, § 7; 1995, ch. 320, § 1; T.C.A., § 33-3-109 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-708 — TN Code / Title 33 / Chapter 6 / Section 33-6-708
Discharge procedure for involuntarily committed persons
Status: in_force

(a) If a person is committed involuntarily by a criminal or juvenile court under chapter 6, part 5 of this title after being found incompetent to stand trial or if the criminal or juvenile court determines at the time of commitment that, due to the nature of the person's criminal conduct that created a serious risk of physical harm to other persons, the person should not be discharged from the commitment without proceedings under this section to review eligibility for discharge under §§ 33-6-602 , 33-6-705 , and 33-6-706 , then the hospital shall proceed under this section to effect discharge from the commitment. (b) Any person who was committed involuntarily on the basis of mental illness between April 23, 1980, and July 1, 1982, and who was subject to the discharge procedures of former § 33-313 during that period is subject to discharge only under the procedures of subdivisions (c)(1)-(5). (c) (1) When the chief officer determines that the person is eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 , the chief officer shall notify the committing court of that conclusion, of the basis for it, and, if discharge is under § 33-6-602 , of the outpatient treatment plan approved by the releasing facility and the qualified mental health professional for the person. The determination by the chief officer shall create a rebuttable presumption of its correctness. The clerk shall send a copy of that complete notice and plan to the person's counsel and to the district attorney general for the jurisdiction in which the committing court is located. The court may, on its own motion or that of the district attorney general, order a hearing to be held within twenty-one (21) days of the receipt of the chief officer's notice. The court shall send notice of the hearing to the person, the chief officer, the person's counsel, the person's next of kin, and the district attorney general. (2) If the court does not set a hearing and notify the chief officer within fifteen (15) days of its receipt of the chief officer's notice, the chief officer shall release the person from involuntary commitment under § 33-6-602 , § 33-6-705 or § 33-6-706 , as appropriate. (3) If the court sets a hearing, the hearing shall be held within twenty-one (21) days of the court's receipt of notice from the chief officer. The person shall attend the hearing, unless the person's presence is waived in writing by counsel before the hearing. If the person does not have counsel, the court shall appoint counsel to represent the person throughout the proceedings and any appeal. The person's counsel shall advocate for the least drastic alternative to commitment, unless directed otherwise by the person. Compensation of appointed counsel for the person shall be pursuant to Tennessee Rules of the Supreme Court, Rule 15. (4) Following the hearing, if the court finds by clear, unequivocal, and convincing evidence that the person is not eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 , it shall order the person's return to the hospital under the original commitment. If the court finds otherwise, it shall order the person's release from involuntary commitment in accordance with the recommendations of the chief officer. (5) The district attorney general on behalf of the state or the person may file a notice of appeal of a final adjudication under this section to the court of criminal appeals. (d) An admission pursuant to § 33-6-403(b)(1) or § 33-6-502(b)(1) must remain in effect until the competency of the person to stand trial is restored or, if competency is unable to be restored, until the court with criminal jurisdiction over the charges approves a mandatory outpatient treatment plan that accounts for the safety of the community. Amended by 2024 Tenn. Acts, ch. 784,s 16, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 784,s 15, eff. 7/1/2024. Acts 1982, ch. 862, § 1; T.C.A., § 33-314; Acts 1985, ch. 437, §§ 19, 20; 1986, ch. 836, § 6; 1988, ch. 862, §§ 1, 2, 5; T.C.A., § 33-6-110; Acts 2000, ch. 947, § 1.
(a) If a person is committed involuntarily by a criminal or juvenile court under chapter 6, part 5 of this title after being found incompetent to stand trial or if the criminal or juvenile court determines at the time of commitment that, due to the nature of the person's criminal conduct that created a serious risk of physical harm to other persons, the person should not be discharged from the commitment without proceedings under this section to review eligibility for discharge under §§ 33-6-602 , 33-6-705 , and 33-6-706 , then the hospital shall proceed under this section to effect discharge from the commitment.
(b) Any person who was committed involuntarily on the basis of mental illness between April 23, 1980, and July 1, 1982, and who was subject to the discharge procedures of former § 33-313 during that period is subject to discharge only under the procedures of subdivisions (c)(1)-(5).
(c) (1) When the chief officer determines that the person is eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 , the chief officer shall notify the committing court of that conclusion, of the basis for it, and, if discharge is under § 33-6-602 , of the outpatient treatment plan approved by the releasing facility and the qualified mental health professional for the person. The determination by the chief officer shall create a rebuttable presumption of its correctness. The clerk shall send a copy of that complete notice and plan to the person's counsel and to the district attorney general for the jurisdiction in which the committing court is located. The court may, on its own motion or that of the district attorney general, order a hearing to be held within twenty-one (21) days of the receipt of the chief officer's notice. The court shall send notice of the hearing to the person, the chief officer, the person's counsel, the person's next of kin, and the district attorney general. (2) If the court does not set a hearing and notify the chief officer within fifteen (15) days of its receipt of the chief officer's notice, the chief officer shall release the person from involuntary commitment under § 33-6-602 , § 33-6-705 or § 33-6-706 , as appropriate. (3) If the court sets a hearing, the hearing shall be held within twenty-one (21) days of the court's receipt of notice from the chief officer. The person shall attend the hearing, unless the person's presence is waived in writing by counsel before the hearing. If the person does not have counsel, the court shall appoint counsel to represent the person throughout the proceedings and any appeal. The person's counsel shall advocate for the least drastic alternative to commitment, unless directed otherwise by the person. Compensation of appointed counsel for the person shall be pursuant to Tennessee Rules of the Supreme Court, Rule 15. (4) Following the hearing, if the court finds by clear, unequivocal, and convincing evidence that the person is not eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 , it shall order the person's return to the hospital under the original commitment. If the court finds otherwise, it shall order the person's release from involuntary commitment in accordance with the recommendations of the chief officer. (5) The district attorney general on behalf of the state or the person may file a notice of appeal of a final adjudication under this section to the court of criminal appeals.
(1) When the chief officer determines that the person is eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 , the chief officer shall notify the committing court of that conclusion, of the basis for it, and, if discharge is under § 33-6-602 , of the outpatient treatment plan approved by the releasing facility and the qualified mental health professional for the person. The determination by the chief officer shall create a rebuttable presumption of its correctness. The clerk shall send a copy of that complete notice and plan to the person's counsel and to the district attorney general for the jurisdiction in which the committing court is located. The court may, on its own motion or that of the district attorney general, order a hearing to be held within twenty-one (21) days of the receipt of the chief officer's notice. The court shall send notice of the hearing to the person, the chief officer, the person's counsel, the person's next of kin, and the district attorney general.
(2) If the court does not set a hearing and notify the chief officer within fifteen (15) days of its receipt of the chief officer's notice, the chief officer shall release the person from involuntary commitment under § 33-6-602 , § 33-6-705 or § 33-6-706 , as appropriate.
(3) If the court sets a hearing, the hearing shall be held within twenty-one (21) days of the court's receipt of notice from the chief officer. The person shall attend the hearing, unless the person's presence is waived in writing by counsel before the hearing. If the person does not have counsel, the court shall appoint counsel to represent the person throughout the proceedings and any appeal. The person's counsel shall advocate for the least drastic alternative to commitment, unless directed otherwise by the person. Compensation of appointed counsel for the person shall be pursuant to Tennessee Rules of the Supreme Court, Rule 15.
(4) Following the hearing, if the court finds by clear, unequivocal, and convincing evidence that the person is not eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 , it shall order the person's return to the hospital under the original commitment. If the court finds otherwise, it shall order the person's release from involuntary commitment in accordance with the recommendations of the chief officer.
(5) The district attorney general on behalf of the state or the person may file a notice of appeal of a final adjudication under this section to the court of criminal appeals.
(d) An admission pursuant to § 33-6-403(b)(1) or § 33-6-502(b)(1) must remain in effect until the competency of the person to stand trial is restored or, if competency is unable to be restored, until the court with criminal jurisdiction over the charges approves a mandatory outpatient treatment plan that accounts for the safety of the community.
Amended by 2024 Tenn. Acts, ch. 784,s 16, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 784,s 15, eff. 7/1/2024.
Acts 1982, ch. 862, § 1; T.C.A., § 33-314; Acts 1985, ch. 437, §§ 19, 20; 1986, ch. 836, § 6; 1988, ch. 862, §§ 1, 2, 5; T.C.A., § 33-6-110; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-104 — TN Code / Title 33 / Chapter 3 / Section 33-3-104
Persons who may consent to disclosure of confidential information
Status: in_force

Information about a service recipient that is confidential under § 33-3-103 may be disclosed with the consent of: (1) The service recipient who is sixteen (16) years of age or over; (2) The conservator of the service recipient; (3) The attorney in fact under a power of attorney who has the right to make disclosures under the power; (4) The parent, legal guardian, or legal custodian of a service recipient who is a child; (5) The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves; (6) The treatment review committee for a service recipient who has been involuntarily committed; (7) The executor, administrator or personal representative on behalf of a deceased service recipient; (8) The caregiver under title 34, chapter 6, part 3; or (9) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or a person's surrogate as designated under title 68, chapter 11, part 18. Amended by 2013 Tenn. Acts, ch. 238,s 4, eff. 7/1/2013. Acts 2000, ch. 947, § 1; 2004, ch. 565, § 3.
Information about a service recipient that is confidential under § 33-3-103 may be disclosed with the consent of:
(1) The service recipient who is sixteen (16) years of age or over;
(2) The conservator of the service recipient;
(3) The attorney in fact under a power of attorney who has the right to make disclosures under the power;
(4) The parent, legal guardian, or legal custodian of a service recipient who is a child;
(5) The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;
(6) The treatment review committee for a service recipient who has been involuntarily committed;
(7) The executor, administrator or personal representative on behalf of a deceased service recipient;
(8) The caregiver under title 34, chapter 6, part 3; or
(9) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or a person's surrogate as designated under title 68, chapter 11, part 18.
Amended by 2013 Tenn. Acts, ch. 238,s 4, eff. 7/1/2013.
Acts 2000, ch. 947, § 1; 2004, ch. 565, § 3.
Tenn. Code Ann. § 33-9-205 — TN Code / Title 33 / Chapter 9 / Section 33-9-205
Proposed transferees - Consultations - Approval of court
Status: in_force

The compact administrator shall consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from a facility in this state to a facility in another party state, take no final action without approval of the court that committed the proposed transferee. Acts 1971, ch. 364, § 5; T.C.A., § 33-1505; Acts 2000, ch. 947, § 1.
The compact administrator shall consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from a facility in this state to a facility in another party state, take no final action without approval of the court that committed the proposed transferee.
Acts 1971, ch. 364, § 5; T.C.A., § 33-1505; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-1204 — TN Code / Title 33 / Chapter 2 / Section 33-2-1204
Phasing in of reductions in bed capacity at state-owned or operated facilities
Status: in_force

Reductions in bed capacity at state-owned or operated hospitals or treatment resources pursuant to the fiscal year 2009-2010 budget shall be phased in as determined by the department. Acts 2009, ch. 531, § 58.
Reductions in bed capacity at state-owned or operated hospitals or treatment resources pursuant to the fiscal year 2009-2010 budget shall be phased in as determined by the department.
Acts 2009, ch. 531, § 58.
Tenn. Code Ann. § 33-4-110 — TN Code / Title 33 / Chapter 4 / Section 33-4-110
Inability to exercise rights - Appointment of a conservator
Status: in_force

If the chief officer of a facility in which a service recipient is hospitalized or admitted is of the opinion that the service recipient is unable to exercise any of the rights afforded by this chapter and chapter 3 of this title, the chief officer shall notify immediately the service recipient and the service recipient's attorney, parent, legal custodian, spouse or other nearest known adult relative of the fact, and the chief officer may file for the appointment of a conservator and shall notify those persons as to whether the chief officer intends to do so. Acts 2002, ch. 730, § 9.
If the chief officer of a facility in which a service recipient is hospitalized or admitted is of the opinion that the service recipient is unable to exercise any of the rights afforded by this chapter and chapter 3 of this title, the chief officer shall notify immediately the service recipient and the service recipient's attorney, parent, legal custodian, spouse or other nearest known adult relative of the fact, and the chief officer may file for the appointment of a conservator and shall notify those persons as to whether the chief officer intends to do so.
Acts 2002, ch. 730, § 9.
Tenn. Code Ann. § 33-6-207 — TN Code / Title 33 / Chapter 6 / Section 33-6-207
Procedure for release following request
Status: in_force

If the chief officer receives a request for discharge under § 33-6-206 and does not admit the service recipient under chapter 6, part 4 of this title, the chief officer shall release the service recipient, if a child, within twenty-four (24) hours and, if an adult, within twelve (12) hours after receipt of the request or at the time stated in the request, whichever is later. Acts 2000, ch. 947, § 1.
If the chief officer receives a request for discharge under § 33-6-206 and does not admit the service recipient under chapter 6, part 4 of this title, the chief officer shall release the service recipient, if a child, within twenty-four (24) hours and, if an adult, within twelve (12) hours after receipt of the request or at the time stated in the request, whichever is later.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-9-109 — TN Code / Title 33 / Chapter 9 / Section 33-9-109
Interpretation and construction of part
Status: in_force

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. Acts 1917, ch. 115, § 6; Shan., § 5499a12; Code 1932, § 9670; T.C.A. (orig. ed.), § 33-1011; Acts 2000, ch. 947, § 1.
This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
Acts 1917, ch. 115, § 6; Shan., § 5499a12; Code 1932, § 9670; T.C.A. (orig. ed.), § 33-1011; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-1401 — TN Code / Title 33 / Chapter 2 / Section 33-2-1401
Part definitions
Status: in_force

As used in this part: (1) "Alcohol and drug prevention and/or treatment facility" or "ADTF" means an institution, treatment resource, group residence (boarding home, sheltered workshop, activity center), rehabilitation center, hospital, community mental health center, nonresidential office-based opiate treatment facility, nonresidential substitution-based treatment center for opiate addiction, DUI school, counseling center, clinic, halfway house, recovery residence, or other entity, by these or other names, providing alcohol and drug services; however, a DUI school operated by a state institution of higher education is not considered an alcohol and drug prevention and treatment facility for purposes of this chapter and "alcohol and drug prevention and treatment facility" does not include any facility otherwise licensed or certified by the department of mental health and substance abuse services, including certified recovery court programs, the department of health, a facility approved by the department of education, or treatment programs operated by the department of correction; (2) "Alcohol and drug services" includes evaluation, treatment, residential personal care, habilitation, rehabilitation, counseling, or supervision of persons with substance use disorder, or services to persons designed to prevent substance use disorder that either receive funds from the department of health or assess fees for services provided; however, a DUI school operated by a state institution of higher education is not considered alcohol and drug services for purposes of this part; (3) "Levels of care" means the continuum of support ranging from nonclinical recovery housing to clinical and licensed treatment; (4) "Municipality" means an incorporated city or town, or a county with a metropolitan form of government; (5) "Organization" means any nationally recognized recovery residence standards organization, any affiliate of any nationally recognized recovery residence standards organization, or grantees of any state or federal department or agency; (6) "Peer" means an individual with lived experience in recovery and the appropriate skills to support a recovery community; (7) "Recovery residence" means any ADTF, including any residence classified as a single family residence under § 13-24-102 , that provides a safe, healthy, and family-like, substance-free living environment centered on peer support that assists individuals in recovery from substance use disorder with services that promote long-term recovery, including, but not limited to, direct connection to other peers in recovery, mutual support groups, and recovery support services; and (8) "Substance-free" does not mean free of substances that are prescription medications taken as directed by a licensed prescriber, such as pharmacotherapies specifically approved by the federal food and drug administration (FDA) for the treatment of opioid use disorder, as well as other medications with FDA-approved indications for the treatment of co-occurring disorders. Added by 2021 Tenn. Acts, ch. 309, s 5, eff. 7/1/2022.
As used in this part:
(1) "Alcohol and drug prevention and/or treatment facility" or "ADTF" means an institution, treatment resource, group residence (boarding home, sheltered workshop, activity center), rehabilitation center, hospital, community mental health center, nonresidential office-based opiate treatment facility, nonresidential substitution-based treatment center for opiate addiction, DUI school, counseling center, clinic, halfway house, recovery residence, or other entity, by these or other names, providing alcohol and drug services; however, a DUI school operated by a state institution of higher education is not considered an alcohol and drug prevention and treatment facility for purposes of this chapter and "alcohol and drug prevention and treatment facility" does not include any facility otherwise licensed or certified by the department of mental health and substance abuse services, including certified recovery court programs, the department of health, a facility approved by the department of education, or treatment programs operated by the department of correction;
(2) "Alcohol and drug services" includes evaluation, treatment, residential personal care, habilitation, rehabilitation, counseling, or supervision of persons with substance use disorder, or services to persons designed to prevent substance use disorder that either receive funds from the department of health or assess fees for services provided; however, a DUI school operated by a state institution of higher education is not considered alcohol and drug services for purposes of this part;
(3) "Levels of care" means the continuum of support ranging from nonclinical recovery housing to clinical and licensed treatment;
(4) "Municipality" means an incorporated city or town, or a county with a metropolitan form of government;
(5) "Organization" means any nationally recognized recovery residence standards organization, any affiliate of any nationally recognized recovery residence standards organization, or grantees of any state or federal department or agency;
(6) "Peer" means an individual with lived experience in recovery and the appropriate skills to support a recovery community;
(7) "Recovery residence" means any ADTF, including any residence classified as a single family residence under § 13-24-102 , that provides a safe, healthy, and family-like, substance-free living environment centered on peer support that assists individuals in recovery from substance use disorder with services that promote long-term recovery, including, but not limited to, direct connection to other peers in recovery, mutual support groups, and recovery support services; and
(8) "Substance-free" does not mean free of substances that are prescription medications taken as directed by a licensed prescriber, such as pharmacotherapies specifically approved by the federal food and drug administration (FDA) for the treatment of opioid use disorder, as well as other medications with FDA-approved indications for the treatment of co-occurring disorders.
Added by 2021 Tenn. Acts, ch. 309, s 5, eff. 7/1/2022.
Tenn. Code Ann. § 33-3-802 — TN Code / Title 33 / Chapter 3 / Section 33-3-802
Determination of mental condition of person seeking release
Status: in_force

During any proceeding to determine whether to release a person with mental illness or serious emotional disturbance, or intellectual disability seeking release by means of a writ of habeas corpus under this part or § 33-3-101 , or otherwise, the court shall also, if the issue is raised in the responsive pleading, determine whether the person seeking release presently has mental illness or serious emotional disturbance, or intellectual disability and meets the standards for involuntary commitment under chapter 6, part 5 of this title. Amended by 2024 Tenn. Acts, ch. 688,s 79, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 21; 2010 , ch. 734, § 1.
During any proceeding to determine whether to release a person with mental illness or serious emotional disturbance, or intellectual disability seeking release by means of a writ of habeas corpus under this part or § 33-3-101 , or otherwise, the court shall also, if the issue is raised in the responsive pleading, determine whether the person seeking release presently has mental illness or serious emotional disturbance, or intellectual disability and meets the standards for involuntary commitment under chapter 6, part 5 of this title.
Amended by 2024 Tenn. Acts, ch. 688,s 79, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 21; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-3-107 — TN Code / Title 33 / Chapter 3 / Section 33-3-107
Rules relating to disclosure of confidential information
Status: in_force

The department may adopt rules to implement § 33-3-103 - 33-3-114, including rules on the form, content, and means of consent and disclosure, scope of permissible disclosure, and definitions of terms. Acts 2000, ch. 947, § 1.
The department may adopt rules to implement § 33-3-103 - 33-3-114, including rules on the form, content, and means of consent and disclosure, scope of permissible disclosure, and definitions of terms.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-411 — TN Code / Title 33 / Chapter 3 / Section 33-3-411
Runaways - Custody
Status: in_force

If a transferee runs away from a department facility or a program that is operated by a private contractor for the department and is taken into custody within thirty (30) days after running away, the transferee shall be returned to the custody of the commissioner at a facility designated by the commissioner. If a transferee runs away from the facility or program and is taken into custody more than thirty (30) days after running away, the department that initiated the transfer shall designate a facility or program at which the transferee shall be returned to the custody of the transferring department. Acts 1984, ch. 922, § 34; 1989, ch. 278, §§ 32, 33; 1996, ch. 1079, § 51; 2000, ch. 947, §§ 1, 6.
If a transferee runs away from a department facility or a program that is operated by a private contractor for the department and is taken into custody within thirty (30) days after running away, the transferee shall be returned to the custody of the commissioner at a facility designated by the commissioner. If a transferee runs away from the facility or program and is taken into custody more than thirty (30) days after running away, the department that initiated the transfer shall designate a facility or program at which the transferee shall be returned to the custody of the transferring department.
Acts 1984, ch. 922, § 34; 1989, ch. 278, §§ 32, 33; 1996, ch. 1079, § 51; 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-9-105 — TN Code / Title 33 / Chapter 9 / Section 33-9-105
Costs
Status: in_force

All costs and expenses incurred in apprehending, securing, maintaining, and transmitting the fugitive to the state making the demand, shall be paid by that state. Acts 1917, ch. 115, § 4; Shan., § 5499a8; Code 1932, § 9666; T.C.A. (orig. ed.), § 33-1007; Acts 2000, ch. 947, § 1.
All costs and expenses incurred in apprehending, securing, maintaining, and transmitting the fugitive to the state making the demand, shall be paid by that state.
Acts 1917, ch. 115, § 4; Shan., § 5499a8; Code 1932, § 9666; T.C.A. (orig. ed.), § 33-1007; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-112 — TN Code / Title 33 / Chapter 3 / Section 33-3-112
Disclosure to service recipient of records kept and procedures for accessing records
Status: in_force

(a) Upon request by a service recipient sixteen (16) years of age or older, a service provider shall disclose to the service recipient what records the provider maintains on the service recipient and how the service recipient can obtain access to them. Upon written request by a service recipient, a service provider shall permit the service recipient, within a reasonable time, to review the service recipient's record itself or the part of it that the service recipient requests or a copy of the record or the part except to the extent that: (1) Service recipient access to the record is expressly restricted or prohibited by another statute; or (2) The provider is authorized to deny access under subsection (b). (b) If a person's qualified mental health professional determines that giving the service recipient, or a person acting for the service recipient, access to part of the service recipient's record poses a substantial risk of serious harm to the health or safety of the service recipient or another person, then the qualified mental health professional may refuse access to that part of the record. Acts 2000, ch. 947, § 1.
(a) Upon request by a service recipient sixteen (16) years of age or older, a service provider shall disclose to the service recipient what records the provider maintains on the service recipient and how the service recipient can obtain access to them. Upon written request by a service recipient, a service provider shall permit the service recipient, within a reasonable time, to review the service recipient's record itself or the part of it that the service recipient requests or a copy of the record or the part except to the extent that: (1) Service recipient access to the record is expressly restricted or prohibited by another statute; or (2) The provider is authorized to deny access under subsection (b).
(1) Service recipient access to the record is expressly restricted or prohibited by another statute; or
(2) The provider is authorized to deny access under subsection (b).
(b) If a person's qualified mental health professional determines that giving the service recipient, or a person acting for the service recipient, access to part of the service recipient's record poses a substantial risk of serious harm to the health or safety of the service recipient or another person, then the qualified mental health professional may refuse access to that part of the record.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-205 — TN Code / Title 33 / Chapter 5 / Section 33-5-205
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1992, ch. 981, § 7; T.C.A., § 33-5-406 ; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1992, ch. 981, § 7; T.C.A., § 33-5-406 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-106 — TN Code / Title 33 / Chapter 6 / Section 33-6-106
Persons not meeting admission criteria
Status: in_force

(a) If a mandatory prescreening agent performs the initial evaluation of a person for admission and determines that the person does not meet admission criteria, the mandatory prescreening agent shall assure that the person has alternative services available and offered if appropriate. The mandatory prescreening agent shall contact the person within twelve (12) hours to determine outcome and complete follow-up as necessary. If the prescreening is performed by a physician or psychologist as authorized by § 33-6-105 , the crisis response service shall contact the person within twelve (12) hours to determine outcome and complete follow-up as necessary. (b) Transportation to and admission of a person to a state owned or operated hospital or treatment resource shall not begin until a mandatory prescreening agent or physician or psychologist as authorized by § 33-6-105 completes a certificate of need. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 33.
(a) If a mandatory prescreening agent performs the initial evaluation of a person for admission and determines that the person does not meet admission criteria, the mandatory prescreening agent shall assure that the person has alternative services available and offered if appropriate. The mandatory prescreening agent shall contact the person within twelve (12) hours to determine outcome and complete follow-up as necessary. If the prescreening is performed by a physician or psychologist as authorized by § 33-6-105 , the crisis response service shall contact the person within twelve (12) hours to determine outcome and complete follow-up as necessary.
(b) Transportation to and admission of a person to a state owned or operated hospital or treatment resource shall not begin until a mandatory prescreening agent or physician or psychologist as authorized by § 33-6-105 completes a certificate of need.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 33.
Tenn. Code Ann. § 33-5-211 — TN Code / Title 33 / Chapter 5 / Section 33-5-211
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1992, ch. 981, §§ 13, 15; T.C.A., § 33-5-412; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1992, ch. 981, §§ 13, 15; T.C.A., § 33-5-412; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-201 — TN Code / Title 33 / Chapter 8 / Section 33-8-201
Child with alcohol or drug dependence or developmental disability
Status: in_force

A child who has alcohol or drug dependence may only receive mental health service or support from the mental health service division if the condition is concurrent with another serious emotional disturbance or mental illness. Amended by 2024 Tenn. Acts, ch. 688,s 95, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
A child who has alcohol or drug dependence may only receive mental health service or support from the mental health service division if the condition is concurrent with another serious emotional disturbance or mental illness.
Amended by 2024 Tenn. Acts, ch. 688,s 95, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-407 — TN Code / Title 33 / Chapter 3 / Section 33-3-407
When person to be transferred
Status: repealed

(a) The person shall be transferred five (5) days after the receipt of the committee's notice if the person has not filed a complaint under part 7 of this chapter. (b) The person may be transferred immediately after receipt of the notice if the person is competent and consents in writing to the transfer. Acts 1984, ch. 922, § 34; 2000, ch. 947, § 1.
(a) The person shall be transferred five (5) days after the receipt of the committee's notice if the person has not filed a complaint under part 7 of this chapter.
(b) The person may be transferred immediately after receipt of the notice if the person is competent and consents in writing to the transfer.
Acts 1984, ch. 922, § 34; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-405 — TN Code / Title 33 / Chapter 5 / Section 33-5-405
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1975, ch. 248, § 13; 1976, ch. 764, § 1; 1978, ch. 527, § 3; 1978, ch. 667, § 2; 1981, ch. 449, § 2(20); 1982, ch. 862, § 13; T.C.A., § 33-510; Acts 1984, ch. 922, § 9; 1992, ch. 991, § 14; T.C.A. § 33-5-305(d); Acts 2000, ch. 947, § 1; 2002, ch. 730, § 29.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1975, ch. 248, § 13; 1976, ch. 764, § 1; 1978, ch. 527, § 3; 1978, ch. 667, § 2; 1981, ch. 449, § 2(20); 1982, ch. 862, § 13; T.C.A., § 33-510; Acts 1984, ch. 922, § 9; 1992, ch. 991, § 14; T.C.A. § 33-5-305(d); Acts 2000, ch. 947, § 1; 2002, ch. 730, § 29.
Tenn. Code Ann. § 33-6-416 — TN Code / Title 33 / Chapter 6 / Section 33-6-416
Order of admission - Notice to next of kin or representative
Status: in_force

If the court orders the admission of the defendant for diagnosis, evaluation and treatment under § 33-6-413 , the chief officer shall give notice of the order to the defendant and by mail or telephone to the parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin of the defendant. The notice shall state specifically the basis for the defendant's detention and the standards for possible future commitment. The notice shall also inform the defendant of the defendant's right to counsel during the course of proceedings for involuntary care and treatment. Acts 2000, ch. 947, § 1.
If the court orders the admission of the defendant for diagnosis, evaluation and treatment under § 33-6-413 , the chief officer shall give notice of the order to the defendant and by mail or telephone to the parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin of the defendant. The notice shall state specifically the basis for the defendant's detention and the standards for possible future commitment. The notice shall also inform the defendant of the defendant's right to counsel during the course of proceedings for involuntary care and treatment.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-1303 — TN Code / Title 33 / Chapter 2 / Section 33-2-1303
Contractors to disclose interest in facility
Status: in_force

A person to whom this part applies shall disclose the information required by this part before being hired or as a part of a contract entered into with a provider of mental health services or supports. Failure to disclose the information shall subject the person to removal from the position held or the contract to cancellation or renegotiation. Amended by 2024 Tenn. Acts, ch. 688,s 57, eff. 7/1/2024. Acts 1996, ch. 669, § 1; T.C.A., § 33-3-112(c) ; Acts 2000, ch. 947, § 1.
A person to whom this part applies shall disclose the information required by this part before being hired or as a part of a contract entered into with a provider of mental health services or supports. Failure to disclose the information shall subject the person to removal from the position held or the contract to cancellation or renegotiation.
Amended by 2024 Tenn. Acts, ch. 688,s 57, eff. 7/1/2024.
Acts 1996, ch. 669, § 1; T.C.A., § 33-3-112(c) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-109 — TN Code / Title 33 / Chapter 5 / Section 33-5-109
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2008 , ch. 1157, §§ 1 - 6; 2009 , ch. 477, § 1; 2010 , ch. 734, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2008 , ch. 1157, §§ 1 - 6; 2009 , ch. 477, § 1; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-2-1104 — TN Code / Title 33 / Chapter 2 / Section 33-2-1104
Nonindigent recipients
Status: in_force

If a service recipient who is not indigent receives service from a program operated by the department, then the department shall at least annually establish an amount to be paid periodically by the service recipient and each responsible relative. Acts 1983, ch. 323, § 32; T.C.A. (orig. ed.), § 33-4-106 ; Acts 1996, ch. 795, § 4; T.C.A., § 33-4-105 ; Acts 2000, ch. 947, § 1.
If a service recipient who is not indigent receives service from a program operated by the department, then the department shall at least annually establish an amount to be paid periodically by the service recipient and each responsible relative.
Acts 1983, ch. 323, § 32; T.C.A. (orig. ed.), § 33-4-106 ; Acts 1996, ch. 795, § 4; T.C.A., § 33-4-105 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-107 — TN Code / Title 33 / Chapter 5 / Section 33-5-107
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1975, ch. 248, § 13; 1983, ch. 323, § 10; T.C.A., § 33-501; Acts 1984, ch. 922, § 8; 1988, ch. 828, § 2; 1993, ch. 283, § 1; 1995, ch. 468, § 1; T.C.A., § 33-5-101(b)(4) ; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1975, ch. 248, § 13; 1983, ch. 323, § 10; T.C.A., § 33-501; Acts 1984, ch. 922, § 8; 1988, ch. 828, § 2; 1993, ch. 283, § 1; 1995, ch. 468, § 1; T.C.A., § 33-5-101(b)(4) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-709 — TN Code / Title 33 / Chapter 2 / Section 33-2-709
Part not deemed to authorize referral to provider-owned facility in violation of law
Status: in_force

Nothing in this part shall be deemed to permit any referral to a provider-owned facility otherwise prohibited by state or federal law. Acts 1998, ch. 1005, § 9; T.C.A., § 33-2-909; Acts 2000, ch. 947, § 1.
Nothing in this part shall be deemed to permit any referral to a provider-owned facility otherwise prohibited by state or federal law.
Acts 1998, ch. 1005, § 9; T.C.A., § 33-2-909; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-304 — TN Code / Title 33 / Chapter 5 / Section 33-5-304
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 28; 2012 , ch. 636, § 9.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 28; 2012 , ch. 636, § 9.
Tenn. Code Ann. § 33-2-401 — TN Code / Title 33 / Chapter 2 / Section 33-2-401
Short title
Status: in_force

This part shall be known and may be cited as the "Mental Health, Alcohol and Drug Abuse Prevention and/or Treatment and Personal Support Services Licensure Law." Amended by 2024 Tenn. Acts, ch. 688,s 27, eff. 7/1/2024. Acts 1978, ch. 853, § 1; T.C.A., §§ 33-1801, 33-2-501; Acts 2000, ch. 947, § 1; 2001, ch. 282, § 2; 2012 , ch. 1010, § 2.
This part shall be known and may be cited as the "Mental Health, Alcohol and Drug Abuse Prevention and/or Treatment and Personal Support Services Licensure Law."
Amended by 2024 Tenn. Acts, ch. 688,s 27, eff. 7/1/2024.
Acts 1978, ch. 853, § 1; T.C.A., §§ 33-1801, 33-2-501; Acts 2000, ch. 947, § 1; 2001, ch. 282, § 2; 2012 , ch. 1010, § 2.
Tenn. Code Ann. § 33-3-402 — TN Code / Title 33 / Chapter 3 / Section 33-3-402
Mentally ill or intellectually disabled adult inmates
Status: in_force

(a) If the director of a facility of the department of correction determines, on the basis of a written report of a licensed physician or a licensed psychologist with health service provider designation, that a person in the director's custody: (1) Has mental illness or serious emotional disturbance; and (2) Is in need of residential care and treatment for the condition that cannot be provided at an appropriate facility of the department of correction and that can be provided at an appropriate residential program of the department of mental health and substance abuse services, the director shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer. (b) (1) If the person is competent and waives in writing the right to a transfer hearing, the person shall be transferred to the custody of the commissioner at a secure facility that is designated by the commissioner as having available suitable accommodations. (2) If the person does not so waive the right to a hearing, the director shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person shall remain in the facility of the department of correction pending the decision of the transfer committee. Amended by 2024 Tenn. Acts, ch. 688,s 71, eff. 7/1/2024. Acts 1984, ch. 922, § 34; 2000, ch. 947, §§ 1, 6; 2004, ch. 565, § 6; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 37; 2012 , ch. 575, § 1.
(a) If the director of a facility of the department of correction determines, on the basis of a written report of a licensed physician or a licensed psychologist with health service provider designation, that a person in the director's custody: (1) Has mental illness or serious emotional disturbance; and (2) Is in need of residential care and treatment for the condition that cannot be provided at an appropriate facility of the department of correction and that can be provided at an appropriate residential program of the department of mental health and substance abuse services, the director shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer.
(1) Has mental illness or serious emotional disturbance; and
(2) Is in need of residential care and treatment for the condition that cannot be provided at an appropriate facility of the department of correction and that can be provided at an appropriate residential program of the department of mental health and substance abuse services, the director shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer.
the director shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer.
(b) (1) If the person is competent and waives in writing the right to a transfer hearing, the person shall be transferred to the custody of the commissioner at a secure facility that is designated by the commissioner as having available suitable accommodations. (2) If the person does not so waive the right to a hearing, the director shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person shall remain in the facility of the department of correction pending the decision of the transfer committee.
(1) If the person is competent and waives in writing the right to a transfer hearing, the person shall be transferred to the custody of the commissioner at a secure facility that is designated by the commissioner as having available suitable accommodations.
(2) If the person does not so waive the right to a hearing, the director shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person shall remain in the facility of the department of correction pending the decision of the transfer committee.
Amended by 2024 Tenn. Acts, ch. 688,s 71, eff. 7/1/2024.
Acts 1984, ch. 922, § 34; 2000, ch. 947, §§ 1, 6; 2004, ch. 565, § 6; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 37; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 33-6-421 — TN Code / Title 33 / Chapter 6 / Section 33-6-421
Filing of certificates of need
Status: in_force

The chief officer shall file with the court, by the time of the probable cause hearing, certificates of need for care and treatment from two (2) licensed physicians; one (1) licensed physician and one (1) psychologist qualified under § 33-6-427(a) ; or one (1) licensed physician and one (1) qualified advanced practice provider, as defined in § 33-6-407(a) , who is not in a collaborating agreement with the licensed physician who signed the other certificate of need filed with the court as required by this section, certifying that the defendant satisfies the requirements of § 33-6-502(1)-(4) , and certifying 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 again be admissible under § 33-6-403 , and showing the factual foundation for the conclusions on each item of the certificates. Amended by 2024 Tenn. Acts, ch. 785,s 1, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 42.
The chief officer shall file with the court, by the time of the probable cause hearing, certificates of need for care and treatment from two (2) licensed physicians; one (1) licensed physician and one (1) psychologist qualified under § 33-6-427(a) ; or one (1) licensed physician and one (1) qualified advanced practice provider, as defined in § 33-6-407(a) , who is not in a collaborating agreement with the licensed physician who signed the other certificate of need filed with the court as required by this section, certifying that the defendant satisfies the requirements of § 33-6-502(1)-(4) , and certifying 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 again be admissible under § 33-6-403 , and showing the factual foundation for the conclusions on each item of the certificates.
Amended by 2024 Tenn. Acts, ch. 785,s 1, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 42.
Tenn. Code Ann. § 33-2-1001 — TN Code / Title 33 / Chapter 2 / Section 33-2-1001
Nonprofit service providers - Purchasing arrangements
Status: in_force

Any corporation that is exempted from taxation under 26 U.S.C. § 501(c)(3) , and that contracts with the department to provide services or supports to the public shall be authorized to purchase or contract to purchase goods or services at the same terms and conditions as that contracted for by the state under state purchasing contracts. Purchases by and for the corporation shall not be required to be made through the purchasing division of the department of general services. Acts 1981, ch. 18, § 1; T.C.A., §§ 33-350, 33-2-401; Acts 2000, ch. 947, §§ 1, 6.
Any corporation that is exempted from taxation under 26 U.S.C. § 501(c)(3) , and that contracts with the department to provide services or supports to the public shall be authorized to purchase or contract to purchase goods or services at the same terms and conditions as that contracted for by the state under state purchasing contracts. Purchases by and for the corporation shall not be required to be made through the purchasing division of the department of general services.
Acts 1981, ch. 18, § 1; T.C.A., §§ 33-350, 33-2-401; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-5-212 — TN Code / Title 33 / Chapter 5 / Section 33-5-212
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 301, s 2, eff. 4/24/2015. Acts 2006, ch. 604, § 1; 2009 , ch. 477, § 1; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 42.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 301, s 2, eff. 4/24/2015.
Acts 2006, ch. 604, § 1; 2009 , ch. 477, § 1; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 42.
Tenn. Code Ann. § 33-5-503 — TN Code / Title 33 / Chapter 5 / Section 33-5-503
[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. § 33-2-105 — TN Code / Title 33 / Chapter 2 / Section 33-2-105
Geographic area for service systems - Designation of information sources
Status: in_force

The department shall establish areas for planning and resource allocation. The department shall define geographically dispersed and accessible points of access to service systems and designate providers or mechanisms to provide information and referral for services and supports and for eligibility decisions. Acts 2000, ch. 947, § 1.
The department shall establish areas for planning and resource allocation. The department shall define geographically dispersed and accessible points of access to service systems and designate providers or mechanisms to provide information and referral for services and supports and for eligibility decisions.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1012 — TN Code / Title 33 / Chapter 6 / Section 33-6-1012
Admission to treatment not to be conditioned on execution of declaration for mental health treatment
Status: in_force

No mental health service provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan, or any similar insurance or medical plan, may condition admission to a mental health facility or providing mental or physical health treatment or insurance on the requirement that a person execute a declaration for mental health treatment. Acts 2000, ch. 947, § 1.
No mental health service provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan, or any similar insurance or medical plan, may condition admission to a mental health facility or providing mental or physical health treatment or insurance on the requirement that a person execute a declaration for mental health treatment.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-105 — TN Code / Title 33 / Chapter 5 / Section 33-5-105
[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. § 33-2-414 — TN Code / Title 33 / Chapter 2 / Section 33-2-414
Departmental assistance to applicants and to service recipients affected by license denial, suspension or revocation
Status: in_force

The department may provide assistance to applicants for a license under this part. The department shall provide assistance in placing service recipients who are adversely affected by denial, suspension, or revocation of a license under this part. Acts 1978, ch. 853, § 11; T.C.A., §§ 33-1810; 33-2-510; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-413 ; Acts 2001, ch. 299, § 1.
The department may provide assistance to applicants for a license under this part. The department shall provide assistance in placing service recipients who are adversely affected by denial, suspension, or revocation of a license under this part.
Acts 1978, ch. 853, § 11; T.C.A., §§ 33-1810; 33-2-510; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-413 ; Acts 2001, ch. 299, § 1.
Tenn. Code Ann. § 33-3-412 — TN Code / Title 33 / Chapter 3 / Section 33-3-412
Emergency residential care and treatment for minors in youth development centers
Status: in_force

(a) The chief officer of a youth development center shall immediately have a person transferred to a facility of the department designated by the commissioner, if the chief officer of the youth development center of the department of children's services determines, on the basis of a written report of a licensed physician or a licensed psychologist designated as a health service provider, that the person in the youth development center: (1) Has a serious emotional disturbance or mental illness; and (2) Is in need of emergency residential care and treatment for the condition that cannot be provided at the youth development center and that can be provided by an appropriate residential program of the department. (b) When a person in the custody of the department of children's services is transferred to a facility of the department under this section, the chief officer of the receiving facility shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, unless the person is returned to the youth development center or other appropriate program of the department of children's services before the scheduled hearing date. Acts 1996, ch. 1079, § 46; 2000, ch. 947, §§ 1, 6; 2010, ch. 1100, § 24.
(a) The chief officer of a youth development center shall immediately have a person transferred to a facility of the department designated by the commissioner, if the chief officer of the youth development center of the department of children's services determines, on the basis of a written report of a licensed physician or a licensed psychologist designated as a health service provider, that the person in the youth development center: (1) Has a serious emotional disturbance or mental illness; and (2) Is in need of emergency residential care and treatment for the condition that cannot be provided at the youth development center and that can be provided by an appropriate residential program of the department.
(1) Has a serious emotional disturbance or mental illness; and
(2) Is in need of emergency residential care and treatment for the condition that cannot be provided at the youth development center and that can be provided by an appropriate residential program of the department.
(b) When a person in the custody of the department of children's services is transferred to a facility of the department under this section, the chief officer of the receiving facility shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, unless the person is returned to the youth development center or other appropriate program of the department of children's services before the scheduled hearing date.
Acts 1996, ch. 1079, § 46; 2000, ch. 947, §§ 1, 6; 2010, ch. 1100, § 24.
Tenn. Code Ann. § 33-2-102 — TN Code / Title 33 / Chapter 2 / Section 33-2-102
Goals and purposes of mental health care system
Status: in_force

(a) Within the limits of available resources, it is the goal of the state to develop and maintain a system of care that provides a comprehensive array of quality prevention, early intervention, treatment, habilitation and rehabilitation services and supports that are geographically available, equitably and efficiently allocated statewide, allowing people to be in their own communities in settings, based on the needs and choices of individuals and families served. (b) The state's purposes are to: (1) Establish and sustain a broad range and scope of flexible services and supports across the domains of residential living, working, learning, community participation, and family support, including crisis, respite and other emergency services, that help service recipients maintain respected and active positions in the community; and (2) Promote the early identification of children with mental illness or serious emotional disturbance to assure they receive services and supports appropriate to their changing needs. (c) The general assembly finds as facts that the needs of persons with mental illness or serious emotional disturbance cannot be met by the department in isolation and that those persons need to receive services and supports that are integrated, have linkages between and among other human service agencies and programs, and have mechanisms for planning, developing, coordinating, and monitoring services and supports to meet their needs. Amended by 2024 Tenn. Acts, ch. 688,s 24, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 23, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
(a) Within the limits of available resources, it is the goal of the state to develop and maintain a system of care that provides a comprehensive array of quality prevention, early intervention, treatment, habilitation and rehabilitation services and supports that are geographically available, equitably and efficiently allocated statewide, allowing people to be in their own communities in settings, based on the needs and choices of individuals and families served.
(b) The state's purposes are to: (1) Establish and sustain a broad range and scope of flexible services and supports across the domains of residential living, working, learning, community participation, and family support, including crisis, respite and other emergency services, that help service recipients maintain respected and active positions in the community; and (2) Promote the early identification of children with mental illness or serious emotional disturbance to assure they receive services and supports appropriate to their changing needs.
(1) Establish and sustain a broad range and scope of flexible services and supports across the domains of residential living, working, learning, community participation, and family support, including crisis, respite and other emergency services, that help service recipients maintain respected and active positions in the community; and
(2) Promote the early identification of children with mental illness or serious emotional disturbance to assure they receive services and supports appropriate to their changing needs.
(c) The general assembly finds as facts that the needs of persons with mental illness or serious emotional disturbance cannot be met by the department in isolation and that those persons need to receive services and supports that are integrated, have linkages between and among other human service agencies and programs, and have mechanisms for planning, developing, coordinating, and monitoring services and supports to meet their needs.
Amended by 2024 Tenn. Acts, ch. 688,s 24, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 23, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-608 — TN Code / Title 33 / Chapter 6 / Section 33-6-608
Admission to treatment facility - Outpatient care suspended - Outpatient care reinstituted following release
Status: in_force

IF (1) a person who has been discharged subject to the obligation to participate in outpatient treatment is admitted to a hospital or treatment resource before the obligation terminates, THEN (2) the obligation to participate in outpatient treatment is suspended, AND (3) the obligation resumes on discharge unless it has been terminated under § 33-6-620 , § 33-6-622 , or § 33-6-623 or the discharge is under § 33-6-706 . 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(g) ; Acts 2000, ch. 947, § 1.
IF
(1) a person who has been discharged subject to the obligation to participate in outpatient treatment is admitted to a hospital or treatment resource before the obligation terminates, THEN
THEN
(2) the obligation to participate in outpatient treatment is suspended, AND
(3) the obligation resumes on discharge unless it has been terminated under § 33-6-620 , § 33-6-622 , or § 33-6-623 or the discharge is under § 33-6-706 .
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(g) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1010 — TN Code / Title 33 / Chapter 6 / Section 33-6-1010
Incorporation into durable power of attorney for health care
Status: in_force

A declaration for mental health treatment may be expressed in or incorporated into a durable power of attorney for health care that is executed under title 34, chapter 6, part 2, on or after March 1, 2001. The declaration in that case shall be revocable as to mental health service only under the conditions set in this part. Acts 2000, ch. 947, § 1.
A declaration for mental health treatment may be expressed in or incorporated into a durable power of attorney for health care that is executed under title 34, chapter 6, part 2, on or after March 1, 2001. The declaration in that case shall be revocable as to mental health service only under the conditions set in this part.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-902 — TN Code / Title 33 / Chapter 3 / Section 33-3-902
Furnishing false information - Misdemeanor
Status: in_force

It is a Class C misdemeanor for any person knowingly to furnish false information for the purpose of securing the hospitalization or admission of any person to a facility for persons with mental illness or serious emotional disturbance. Amended by 2024 Tenn. Acts, ch. 688,s 82, eff. 7/1/2024. Acts 1965, ch. 38, § 19; 1974, ch. 802, § 18; T.C.A., § 33-305; Acts 1989, ch. 591, § 113; T.C.A., § 33-3-103 ; Acts 2000, ch. 947, § 1.
It is a Class C misdemeanor for any person knowingly to furnish false information for the purpose of securing the hospitalization or admission of any person to a facility for persons with mental illness or serious emotional disturbance.
Amended by 2024 Tenn. Acts, ch. 688,s 82, eff. 7/1/2024.
Acts 1965, ch. 38, § 19; 1974, ch. 802, § 18; T.C.A., § 33-305; Acts 1989, ch. 591, § 113; T.C.A., § 33-3-103 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-501 — TN Code / Title 33 / Chapter 10 / Section 33-10-501
Short title
Status: in_force

This part shall be known and may be cited as the "Comprehensive Alcohol, Tobacco and Other Drug Prevention Program Act." Acts 2005, ch. 484, § 2; 2009, ch. 186, § 40; T.C.A. § 68-1-601 .
This part shall be known and may be cited as the "Comprehensive Alcohol, Tobacco and Other Drug Prevention Program Act."
Acts 2005, ch. 484, § 2; 2009, ch. 186, § 40; T.C.A. § 68-1-601 .
Tenn. Code Ann. § 33-2-418 — TN Code / Title 33 / Chapter 2 / Section 33-2-418
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 47, eff. 7/1/2024. Acts 1989, ch. 504, § 1; T.C.A., § 33-5-105 ; Acts 2000, ch. 947, §§ 1, 6; T.C.A. § 33-2-417 ; Acts 2002, ch. 730, § 4; 2009 , ch. 426, § 1; 2012 , ch. 1010, §§ 12 - 14.
Repealed by 2024 Tenn. Acts, ch. 688,s 47, eff. 7/1/2024.
Acts 1989, ch. 504, § 1; T.C.A., § 33-5-105 ; Acts 2000, ch. 947, §§ 1, 6; T.C.A. § 33-2-417 ; Acts 2002, ch. 730, § 4; 2009 , ch. 426, § 1; 2012 , ch. 1010, §§ 12 - 14.
Tenn. Code Ann. § 33-6-623 — TN Code / Title 33 / Chapter 6 / Section 33-6-623
Outpatient treatment obligation limited to six (6)
Status: in_force

IF (1) a person with mental illness or serious emotional disturbance is discharged subject to an outpatient treatment obligation under § 33-6-602 , AND (2) the qualified mental health professional has not terminated the outpatient treatment obligation under § 33-6-620 , THEN (3) the person's obligation to participate in outpatient treatment terminates six (6) months after the discharge or the last renewal of the 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(d) ; Acts 2000, ch. 947, § 1.
IF
(1) a person with mental illness or serious emotional disturbance is discharged subject to an outpatient treatment obligation under § 33-6-602 , AND
(2) the qualified mental health professional has not terminated the outpatient treatment obligation under § 33-6-620 , THEN
THEN
(3) the person's obligation to participate in outpatient treatment terminates six (6) months after the discharge or the last renewal of the 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(d) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-104 — TN Code / Title 33 / Chapter 6 / Section 33-6-104
Community-based screening process - Prescreening agents
Status: in_force

(a) The department shall maintain a community-based screening process designed to provide alternatives to hospitalization, minimize length of confinement, promote speedy return to the community, and maximize each service recipient's ability to remain in a community setting. (b) As part of the system the commissioner shall designate individuals to serve as mandatory prescreening agents. The commissioner may base designation on criteria consistent with § 33-6-427 and may set limits on an agent's authority. The commissioner may decline to designate a person who satisfies the requirements of § 33-6-427 . The commissioner may remove authority as a mandatory prescreening agent from a person without cause. Designation of a person as a mandatory prescreening agent does not vest any property right, and limitations on authority and removal of designation as a mandatory prescreening agent are not governed by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or by title 8, chapter 30. (c) An agent has only the authority designated by the commissioner and, if the agent is not a physician, the authority of the agent terminates if the person no longer satisfies § 33-6-427 . An agent's authority is valid in connection with hospitalization of a privately funded person at a private hospital or treatment resource only if the private hospital or treatment resource files notice of acceptance of the designated person's authority with the commissioner. (d) When performing the duties authorized by this section an individual agent shall be considered to be a state employee pursuant to § 8-42-101(3)(D) . When performing the duties authorized by this section an individual agent shall not be considered as an employee of such agent's regular employer, and the agent's regular employer, whether public or private, shall not be held liable in any damages to any person or government entity in a civil action for injury, death or loss to person or property that allegedly results from the actions of the individual agent while acting as a state employee pursuant to this section. Acts 2000, ch. 947, § 1; 2001, ch. 377, § 3; 2002, ch. 730, § 31; 2010 , ch. 633, § 1.
(a) The department shall maintain a community-based screening process designed to provide alternatives to hospitalization, minimize length of confinement, promote speedy return to the community, and maximize each service recipient's ability to remain in a community setting.
(b) As part of the system the commissioner shall designate individuals to serve as mandatory prescreening agents. The commissioner may base designation on criteria consistent with § 33-6-427 and may set limits on an agent's authority. The commissioner may decline to designate a person who satisfies the requirements of § 33-6-427 . The commissioner may remove authority as a mandatory prescreening agent from a person without cause. Designation of a person as a mandatory prescreening agent does not vest any property right, and limitations on authority and removal of designation as a mandatory prescreening agent are not governed by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or by title 8, chapter 30.
(c) An agent has only the authority designated by the commissioner and, if the agent is not a physician, the authority of the agent terminates if the person no longer satisfies § 33-6-427 . An agent's authority is valid in connection with hospitalization of a privately funded person at a private hospital or treatment resource only if the private hospital or treatment resource files notice of acceptance of the designated person's authority with the commissioner.
(d) When performing the duties authorized by this section an individual agent shall be considered to be a state employee pursuant to § 8-42-101(3)(D) . When performing the duties authorized by this section an individual agent shall not be considered as an employee of such agent's regular employer, and the agent's regular employer, whether public or private, shall not be held liable in any damages to any person or government entity in a civil action for injury, death or loss to person or property that allegedly results from the actions of the individual agent while acting as a state employee pursuant to this section.
Acts 2000, ch. 947, § 1; 2001, ch. 377, § 3; 2002, ch. 730, § 31; 2010 , ch. 633, § 1.
Tenn. Code Ann. § 33-5-204 — TN Code / Title 33 / Chapter 5 / Section 33-5-204
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1992, ch. 981, § 6; T.C.A., § 33-5-405 ; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1992, ch. 981, § 6; T.C.A., § 33-5-405 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-404 — TN Code / Title 33 / Chapter 10 / Section 33-10-404
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Approved private treatment facility" means a private agency meeting the standards prescribed by the department and licensed by the department of mental health and substance abuse services; (2) "Approved public social services facility" means a not-for-profit social services agency meeting the standards prescribed by the local courts acting in consultation with the county health department; (3) "Approved public treatment facility" means a not-for-profit treatment agency operating under the direction and control of or approved by the health department of any county to which this part applies or providing treatment under this part through a contract with the department and licensed by the department of mental health and substance abuse services; (4) "Custodial health officer" means an employee of the county health department trained in detecting intoxication or incapacitation, or both, of persons due to the consumption of alcohol or drugs, or both, and also trained in the proper handling and transport of those persons; (5) "Department" means the health department of any county to which this part applies; (6) "Director" means the director of the health department of any county to which this part applies; (7) "Health professional" means a person trained and licensed in the health sciences, including medical doctors, registered nurses and licensed practical nurses; (8) "Incapacitated by alcohol" means that a person, as a result of the use of alcohol, is unconscious or that the person's judgment is otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment, is unable to take care of the person's basic personal needs or safety or lacks sufficient understanding or capacity to make or communicate rational decisions concerning the person's welfare; (9) "Intoxicated person" or "person intoxicated by alcohol" means any person who meets a condition or the conditions set forth in § 39-17-310 ; (10) "Licensed physician" means either a physician licensed by this state or a hospital-licensed physician employed by the admitting facility; (11) "Magistrate" or "judicial commissioner" means those officials as defined by § 40-5-101 or created by § 40-5-201 ; and (12) "Treatment" means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological care or social service care, or both, vocational rehabilitation or career counseling, or both, that may be extended to alcoholics and intoxicated persons. Acts 1990, ch. 639, § 3; 1991, ch. 376, §§ 1, 2; 1993, ch. 234, § 8; T.C.A., § 33-8-504; Acts 2000, ch. 947, § 6; 2009, ch. 186, § 29; T.C.A. § 68-24-504 ; Acts 2010, ch. 1100, § 24; 2012, ch. 575, § 1.
As used in this part, unless the context otherwise requires:
(1) "Approved private treatment facility" means a private agency meeting the standards prescribed by the department and licensed by the department of mental health and substance abuse services;
(2) "Approved public social services facility" means a not-for-profit social services agency meeting the standards prescribed by the local courts acting in consultation with the county health department;
(3) "Approved public treatment facility" means a not-for-profit treatment agency operating under the direction and control of or approved by the health department of any county to which this part applies or providing treatment under this part through a contract with the department and licensed by the department of mental health and substance abuse services;
(4) "Custodial health officer" means an employee of the county health department trained in detecting intoxication or incapacitation, or both, of persons due to the consumption of alcohol or drugs, or both, and also trained in the proper handling and transport of those persons;
(5) "Department" means the health department of any county to which this part applies;
(6) "Director" means the director of the health department of any county to which this part applies;
(7) "Health professional" means a person trained and licensed in the health sciences, including medical doctors, registered nurses and licensed practical nurses;
(8) "Incapacitated by alcohol" means that a person, as a result of the use of alcohol, is unconscious or that the person's judgment is otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment, is unable to take care of the person's basic personal needs or safety or lacks sufficient understanding or capacity to make or communicate rational decisions concerning the person's welfare;
(9) "Intoxicated person" or "person intoxicated by alcohol" means any person who meets a condition or the conditions set forth in § 39-17-310 ;
(10) "Licensed physician" means either a physician licensed by this state or a hospital-licensed physician employed by the admitting facility;
(11) "Magistrate" or "judicial commissioner" means those officials as defined by § 40-5-101 or created by § 40-5-201 ; and
(12) "Treatment" means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological care or social service care, or both, vocational rehabilitation or career counseling, or both, that may be extended to alcoholics and intoxicated persons.
Acts 1990, ch. 639, § 3; 1991, ch. 376, §§ 1, 2; 1993, ch. 234, § 8; T.C.A., § 33-8-504; Acts 2000, ch. 947, § 6; 2009, ch. 186, § 29; T.C.A. § 68-24-504 ; Acts 2010, ch. 1100, § 24; 2012, ch. 575, § 1.
Tenn. Code Ann. § 33-2-406 — TN Code / Title 33 / Chapter 2 / Section 33-2-406
Application for licensure
Status: in_force

(a) A person, proprietorship, partnership, association, corporation, or any state, county or local governmental unit or any division, department, board or agency of government shall obtain a license from the department in order to lawfully establish, conduct, operate, or maintain a service or facility that provides mental health, alcohol and drug abuse prevention and/or treatment, or personal support services. (b) The applicant shall submit an application on the department's form showing that the applicant is of reputable and responsible character and able to comply with the minimum standards for a service or facility providing mental health, alcohol and drug abuse prevention and/or treatment, services, or personal support services. The application will also show the applicant is able to comply with the department's rules adopted under this part. The application shall contain the following additional information: (1) The name of the applicant; (2) The type of facility or service; (3) The location; (4) The name of the person or persons to be in charge; and (5) Any other information as the department may require. (c) The department may approve the issuance of a license upon the application without further evidence, or, in its discretion, it may conduct its own investigation. (d) (1) Proof that a person or business has a personal or business history in any jurisdiction of: (A) Operation of substandard services or facilities; or (B) A felony conviction creates a presumption that the applicant or licensee does not have reputable and responsible character. (2) An applicant denied a license on the basis of the presumption may request a hearing for the purpose of rebutting the presumption created by this subsection (d). (e) A license shall not be issued or renewed if the applicant, or any chief executive officer or director of the applicant, does not have reputable and responsible character. (f) If the department determines that a license should not be granted, it shall notify the applicant. Within fifteen (15) days of notification of denial, the applicant may file a written request for review by the panel appointed under § 33-2-403(d) . The review shall be at the earliest possible date, and recommendations shall be reported to the commissioner. The commissioner shall determine whether the original license denial shall remain effective and shall notify the applicant. Within fifteen (15) days of notification, the applicant may file a written request for a hearing before the department. The hearing shall be conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (g) If the department determines that the applicant complies with and will in the future comply with this part and rules adopted under this title and has a reputable and responsible character, the department shall issue a license. (h) (1) A license is valid for up to one (1) year from the date of issuance. A license may be issued only for the premises or services named in the application, must be posted in a conspicuous place at the service or facility, and may be renewed from year to year. A license is not assignable or transferable. The department may charge a reasonable fee for processing the application and issuance of licenses. (2) (A) Notwithstanding this part, beginning July 1, 2018, the licensing fee for a nonresidential office-based opiate treatment facility is one thousand five hundred dollars ($1,500) per year. On or after July 1, 2019, the department may revise the fee by rule as otherwise permitted by law. (B) Notwithstanding this part, beginning July 1, 2018, the department shall apply a reinspection fee of five hundred dollars ($500) to a nonresidential office-based opiate treatment facility. On or after July 1, 2019, the department may revise the fee by rules as otherwise permitted by law. Amended by 2024 Tenn. Acts, ch. 688,s 43, eff. 7/1/2024. Amended by 2018 Tenn. Acts, ch. 978, s 4, eff. 7/1/2018. Acts 1978, ch. 853, §§ 2, 6; 1981, ch. 436, §§ 1, 3; 1983, ch. 323, §§ 25-27; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; T.C.A., § 33-1806; Acts 1987, ch. 248, §§ 2, 3; 1988, ch. 828, §§ 3, 4, 6, 7; 1988, ch. 875, §§ 1, 2; 1989, ch. 434, § 5; 1989, ch. 513, §§ 1, 14; 1989, ch. 559, § 2; 1991, ch. 459, §§ 9, 10; 1992, ch. 913, § 2; 1993, ch. 234, §§ 22, 25; 1996, ch. 1074, § 1; T.C.A., §§ 33-2-502 , 33-2-506; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 5; 2002, ch. 730, § 3; 2012 , ch. 1010, § 9.
(a) A person, proprietorship, partnership, association, corporation, or any state, county or local governmental unit or any division, department, board or agency of government shall obtain a license from the department in order to lawfully establish, conduct, operate, or maintain a service or facility that provides mental health, alcohol and drug abuse prevention and/or treatment, or personal support services.
(b) The applicant shall submit an application on the department's form showing that the applicant is of reputable and responsible character and able to comply with the minimum standards for a service or facility providing mental health, alcohol and drug abuse prevention and/or treatment, services, or personal support services. The application will also show the applicant is able to comply with the department's rules adopted under this part. The application shall contain the following additional information: (1) The name of the applicant; (2) The type of facility or service; (3) The location; (4) The name of the person or persons to be in charge; and (5) Any other information as the department may require.
(1) The name of the applicant;
(2) The type of facility or service;
(3) The location;
(4) The name of the person or persons to be in charge; and
(5) Any other information as the department may require.
(c) The department may approve the issuance of a license upon the application without further evidence, or, in its discretion, it may conduct its own investigation.
(d) (1) Proof that a person or business has a personal or business history in any jurisdiction of: (A) Operation of substandard services or facilities; or (B) A felony conviction creates a presumption that the applicant or licensee does not have reputable and responsible character. (2) An applicant denied a license on the basis of the presumption may request a hearing for the purpose of rebutting the presumption created by this subsection (d).
(1) Proof that a person or business has a personal or business history in any jurisdiction of: (A) Operation of substandard services or facilities; or (B) A felony conviction creates a presumption that the applicant or licensee does not have reputable and responsible character.
(A) Operation of substandard services or facilities; or
(B) A felony conviction creates a presumption that the applicant or licensee does not have reputable and responsible character.
creates a presumption that the applicant or licensee does not have reputable and responsible character.
(2) An applicant denied a license on the basis of the presumption may request a hearing for the purpose of rebutting the presumption created by this subsection (d).
(e) A license shall not be issued or renewed if the applicant, or any chief executive officer or director of the applicant, does not have reputable and responsible character.
(f) If the department determines that a license should not be granted, it shall notify the applicant. Within fifteen (15) days of notification of denial, the applicant may file a written request for review by the panel appointed under § 33-2-403(d) . The review shall be at the earliest possible date, and recommendations shall be reported to the commissioner. The commissioner shall determine whether the original license denial shall remain effective and shall notify the applicant. Within fifteen (15) days of notification, the applicant may file a written request for a hearing before the department. The hearing shall be conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(g) If the department determines that the applicant complies with and will in the future comply with this part and rules adopted under this title and has a reputable and responsible character, the department shall issue a license.
(h) (1) A license is valid for up to one (1) year from the date of issuance. A license may be issued only for the premises or services named in the application, must be posted in a conspicuous place at the service or facility, and may be renewed from year to year. A license is not assignable or transferable. The department may charge a reasonable fee for processing the application and issuance of licenses. (2) (A) Notwithstanding this part, beginning July 1, 2018, the licensing fee for a nonresidential office-based opiate treatment facility is one thousand five hundred dollars ($1,500) per year. On or after July 1, 2019, the department may revise the fee by rule as otherwise permitted by law. (B) Notwithstanding this part, beginning July 1, 2018, the department shall apply a reinspection fee of five hundred dollars ($500) to a nonresidential office-based opiate treatment facility. On or after July 1, 2019, the department may revise the fee by rules as otherwise permitted by law.
(1) A license is valid for up to one (1) year from the date of issuance. A license may be issued only for the premises or services named in the application, must be posted in a conspicuous place at the service or facility, and may be renewed from year to year. A license is not assignable or transferable. The department may charge a reasonable fee for processing the application and issuance of licenses.
(2) (A) Notwithstanding this part, beginning July 1, 2018, the licensing fee for a nonresidential office-based opiate treatment facility is one thousand five hundred dollars ($1,500) per year. On or after July 1, 2019, the department may revise the fee by rule as otherwise permitted by law. (B) Notwithstanding this part, beginning July 1, 2018, the department shall apply a reinspection fee of five hundred dollars ($500) to a nonresidential office-based opiate treatment facility. On or after July 1, 2019, the department may revise the fee by rules as otherwise permitted by law.
(A) Notwithstanding this part, beginning July 1, 2018, the licensing fee for a nonresidential office-based opiate treatment facility is one thousand five hundred dollars ($1,500) per year. On or after July 1, 2019, the department may revise the fee by rule as otherwise permitted by law.
(B) Notwithstanding this part, beginning July 1, 2018, the department shall apply a reinspection fee of five hundred dollars ($500) to a nonresidential office-based opiate treatment facility. On or after July 1, 2019, the department may revise the fee by rules as otherwise permitted by law.
Amended by 2024 Tenn. Acts, ch. 688,s 43, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 978, s 4, eff. 7/1/2018.
Acts 1978, ch. 853, §§ 2, 6; 1981, ch. 436, §§ 1, 3; 1983, ch. 323, §§ 25-27; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; T.C.A., § 33-1806; Acts 1987, ch. 248, §§ 2, 3; 1988, ch. 828, §§ 3, 4, 6, 7; 1988, ch. 875, §§ 1, 2; 1989, ch. 434, § 5; 1989, ch. 513, §§ 1, 14; 1989, ch. 559, § 2; 1991, ch. 459, §§ 9, 10; 1992, ch. 913, § 2; 1993, ch. 234, §§ 22, 25; 1996, ch. 1074, § 1; T.C.A., §§ 33-2-502 , 33-2-506; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 5; 2002, ch. 730, § 3; 2012 , ch. 1010, § 9.