Tenn. Code Ann. § 33-3-109 — TN Code / Title 33 / Chapter 3 / Section 33-3-109
Release of information to family members and other designated persons - Acceptance of information from family members of service recipients
Status: in_force

(a) A service recipient for services under chapter 6 of this title shall be given an opportunity to approve and sign an information release that authorizes the facility or program to release certain information concerning the recipient to certain family members and other designated persons. This opportunity shall be offered when the recipient is entering inpatient or outpatient treatment at a facility, admitted in an emergency room, entering in a crisis response setting, or admitted in ongoing treatment with a community mental health care provider. This opportunity shall be offered to the recipient at the time of admission, periodically during treatment, and at discharge. (b) The service recipient may withdraw authority to release all information previously authorized, withdraw authority to release the information to any individuals previously authorized or modify either the type of information authorized in subsection (c) or the individuals to whom the information may be provided. All such changes must be executed in writing by the service recipient or: (1) The conservator of the service recipient; (2) The attorney in fact under a power of attorney who has the right to make disclosures under the power; (3) The parent, legal guardian, or legal custodian of a service recipient who is a child; (4) The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves; (5) The treatment review committee for a service recipient who has been involuntarily committed; (6) The executor, administrator or personal representative on behalf of a deceased service recipient; or (7) The caregiver under title 34, chapter 6, part 3. (c) The information release shall provide the service recipient options for authorized disclosures to: (1) Specified family members that discloses only location; (2) Specified family members who are to be involved with discharge instructions and linking to other services; and (3) Specified family who are to be involved in and supportive in the treatment process. (d) The department shall encourage education of mental health care providers regarding accepting information from family members in the course of the treatment process. Acts 2007, ch. 356, § 1; 2008, ch. 789, § 1.
(a) A service recipient for services under chapter 6 of this title shall be given an opportunity to approve and sign an information release that authorizes the facility or program to release certain information concerning the recipient to certain family members and other designated persons. This opportunity shall be offered when the recipient is entering inpatient or outpatient treatment at a facility, admitted in an emergency room, entering in a crisis response setting, or admitted in ongoing treatment with a community mental health care provider. This opportunity shall be offered to the recipient at the time of admission, periodically during treatment, and at discharge.
(b) The service recipient may withdraw authority to release all information previously authorized, withdraw authority to release the information to any individuals previously authorized or modify either the type of information authorized in subsection (c) or the individuals to whom the information may be provided. All such changes must be executed in writing by the service recipient or: (1) The conservator of the service recipient; (2) The attorney in fact under a power of attorney who has the right to make disclosures under the power; (3) The parent, legal guardian, or legal custodian of a service recipient who is a child; (4) The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves; (5) The treatment review committee for a service recipient who has been involuntarily committed; (6) The executor, administrator or personal representative on behalf of a deceased service recipient; or (7) The caregiver under title 34, chapter 6, part 3.
(1) The conservator of the service recipient;
(2) The attorney in fact under a power of attorney who has the right to make disclosures under the power;
(3) The parent, legal guardian, or legal custodian of a service recipient who is a child;
(4) The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;
(5) The treatment review committee for a service recipient who has been involuntarily committed;
(6) The executor, administrator or personal representative on behalf of a deceased service recipient; or
(7) The caregiver under title 34, chapter 6, part 3.
(c) The information release shall provide the service recipient options for authorized disclosures to: (1) Specified family members that discloses only location; (2) Specified family members who are to be involved with discharge instructions and linking to other services; and (3) Specified family who are to be involved in and supportive in the treatment process.
(1) Specified family members that discloses only location;
(2) Specified family members who are to be involved with discharge instructions and linking to other services; and
(3) Specified family who are to be involved in and supportive in the treatment process.
(d) The department shall encourage education of mental health care providers regarding accepting information from family members in the course of the treatment process.
Acts 2007, ch. 356, § 1; 2008, ch. 789, § 1.
Tenn. Code Ann. § 33-8-307 — TN Code / Title 33 / Chapter 8 / Section 33-8-307
Electroconvulsive therapy - Hearing in juvenile court
Status: in_force

If no proceedings for the child's commitment under chapter 6, part 5 of this title are pending, the hearing to determine the necessity of administering electroconvulsive or other convulsive therapy shall be convened in the juvenile court where the child resides, was committed to state custody, or may be found upon petition of the child, the child's parent, the legal guardian, a mental health professional, hospital, or treatment resource seeking authorization to administer the therapy. The petition shall be verified and shall state the nature of the therapy for which authorization is sought, and the facts upon which the petitioner relies to support the claim that the therapy is necessary for the child's health or safety. The court shall, upon receipt of the petition, appoint counsel to defend against the petition, and the petition shall be served personally upon both the child and the child's attorney. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(c); Acts 2000, ch. 947, §§ 1, 6.
If no proceedings for the child's commitment under chapter 6, part 5 of this title are pending, the hearing to determine the necessity of administering electroconvulsive or other convulsive therapy shall be convened in the juvenile court where the child resides, was committed to state custody, or may be found upon petition of the child, the child's parent, the legal guardian, a mental health professional, hospital, or treatment resource seeking authorization to administer the therapy. The petition shall be verified and shall state the nature of the therapy for which authorization is sought, and the facts upon which the petitioner relies to support the claim that the therapy is necessary for the child's health or safety. The court shall, upon receipt of the petition, appoint counsel to defend against the petition, and the petition shall be served personally upon both the child and the child's attorney.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(c); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-3-608 — TN Code / Title 33 / Chapter 3 / Section 33-3-608
Attorney - Notification of representation - Appointment by court
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 less than five (5) days in advance of the hearing. 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 1983, ch. 323, § 9; T.C.A., § 33-367; Acts 1984, ch. 922, §§ 16, 20; 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 less than five (5) days in advance of the hearing. 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 1983, ch. 323, § 9; T.C.A., § 33-367; Acts 1984, ch. 922, §§ 16, 20; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-704 — TN Code / Title 33 / Chapter 6 / Section 33-6-704
Procedure for reviewing petition
Status: in_force

(a) In considering the petition, the court shall consider the testimony of the physicians who participated in the examination of the person and their reports accompanying the petition. After considering the testimony and reports, the court shall either: (1) Reject the petition and order the continued hospitalization of the person; or (2) Order the immediate release of the person. (b) Any physician participating in the examination shall be a competent and compellable witness at any judicial proceeding held under this title. Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., § 33-6-108(c) ; Acts 2000, ch. 947, §§ 1, 6.
(a) In considering the petition, the court shall consider the testimony of the physicians who participated in the examination of the person and their reports accompanying the petition. After considering the testimony and reports, the court shall either: (1) Reject the petition and order the continued hospitalization of the person; or (2) Order the immediate release of the person.
(1) Reject the petition and order the continued hospitalization of the person; or
(2) Order the immediate release of the person.
(b) Any physician participating in the examination shall be a competent and compellable witness at any judicial proceeding held under this title.
Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., § 33-6-108(c) ; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-2-419 — TN Code / Title 33 / Chapter 2 / Section 33-2-419
Standardized training and continuing education required - Classifications
Status: in_force

(a) Any individual employed by a personal support services agency to provide personal support services must complete standardized training and continuing education under department rules. (b) The department may create classifications for personal support services agencies specializing in a type of service or care and may require additional training and continuing education for those classifications. Acts 2001, ch. 282, § 8.
(a) Any individual employed by a personal support services agency to provide personal support services must complete standardized training and continuing education under department rules.
(b) The department may create classifications for personal support services agencies specializing in a type of service or care and may require additional training and continuing education for those classifications.
Acts 2001, ch. 282, § 8.
Tenn. Code Ann. § 33-2-902 — TN Code / Title 33 / Chapter 2 / Section 33-2-902
Duties of boards
Status: in_force

(a) It is the duty of each board of trustees to advise the chief officer of each facility concerning the formulation of general policies to be followed in the operation of the facility under the chief officer's jurisdiction, to recommend to the department appropriate legislation for resources and other concerns for the facility, and to publicize generally the condition of the facility and its needs. (b) Each board of trustees in conjunction with its chief officer shall report annually to the commissioner. Acts 1965, ch. 82, § 8; 1973, ch. 341, §§ 3, 4; 1974, ch. 802, § 8; 1975, ch. 248, §§ 1, 3; 1976, ch. 806, § 1(35); 1978, ch. 617, § 2; 1979, ch. 369, § 1; 1981, ch. 98, § 5; T.C.A., § 33-201; Acts 1989, ch. 253, § 3; 1989, ch. 254, § 3; 1989, ch. 255, § 2; 1989, ch. 256, § 2; 1989, ch. 257, § 3; 1989, ch. 259, § 3; 1989, ch. 260, § 3; 1989, ch. 261, § 3; 1989, ch. 271, § 3; 1989, ch. 272, § 3; T.C.A., § 33-2-202 ; Acts 2000, ch. 947, §§ 1, 6.
(a) It is the duty of each board of trustees to advise the chief officer of each facility concerning the formulation of general policies to be followed in the operation of the facility under the chief officer's jurisdiction, to recommend to the department appropriate legislation for resources and other concerns for the facility, and to publicize generally the condition of the facility and its needs.
(b) Each board of trustees in conjunction with its chief officer shall report annually to the commissioner.
Acts 1965, ch. 82, § 8; 1973, ch. 341, §§ 3, 4; 1974, ch. 802, § 8; 1975, ch. 248, §§ 1, 3; 1976, ch. 806, § 1(35); 1978, ch. 617, § 2; 1979, ch. 369, § 1; 1981, ch. 98, § 5; T.C.A., § 33-201; Acts 1989, ch. 253, § 3; 1989, ch. 254, § 3; 1989, ch. 255, § 2; 1989, ch. 256, § 2; 1989, ch. 257, § 3; 1989, ch. 259, § 3; 1989, ch. 260, § 3; 1989, ch. 261, § 3; 1989, ch. 271, § 3; 1989, ch. 272, § 3; T.C.A., § 33-2-202 ; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-4-106 — TN Code / Title 33 / Chapter 4 / Section 33-4-106
Unauthorized leave from facility
Status: in_force

(a) If a person admitted under court order leaves a hospital or residential service without authority, the chief officer shall immediately notify the court regardless of the length of the person's absence. If the person is taken into custody, the person may be returned to the facility upon an order by the court. After thirty (30) days absence the person may be dropped from the facility's records. A return after thirty (30) days absence is a new admission. A person's absence beyond thirty (30) days does not limit the power of the court to order the person's return to a facility under this section. (b) The committing court shall be notified of the policy regarding temporary leave, and the court shall be given an opportunity to register its objection to granting temporary leave. An objection by the court does not prohibit authorization of leave. Temporary leave is not a discharge from the facility. Amended by 2024 Tenn. Acts, ch. 688,s 88, eff. 7/1/2024. Acts 1965, ch. 38, § 23; 1974, ch. 802, § 30; 1980, ch. 838, § 5; T.C.A., § 33-317; Acts 1989, ch. 591, §§ 30, 31, 113; T.C.A., § 33-3-106(a)(1)-(3) ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 24.
(a) If a person admitted under court order leaves a hospital or residential service without authority, the chief officer shall immediately notify the court regardless of the length of the person's absence. If the person is taken into custody, the person may be returned to the facility upon an order by the court. After thirty (30) days absence the person may be dropped from the facility's records. A return after thirty (30) days absence is a new admission. A person's absence beyond thirty (30) days does not limit the power of the court to order the person's return to a facility under this section.
(b) The committing court shall be notified of the policy regarding temporary leave, and the court shall be given an opportunity to register its objection to granting temporary leave. An objection by the court does not prohibit authorization of leave. Temporary leave is not a discharge from the facility.
Amended by 2024 Tenn. Acts, ch. 688,s 88, eff. 7/1/2024.
Acts 1965, ch. 38, § 23; 1974, ch. 802, § 30; 1980, ch. 838, § 5; T.C.A., § 33-317; Acts 1989, ch. 591, §§ 30, 31, 113; T.C.A., § 33-3-106(a)(1)-(3) ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 24.
Tenn. Code Ann. § 33-2-410 — TN Code / Title 33 / Chapter 2 / Section 33-2-410
Service recipient protection trust fund
Status: in_force

(a) The commissioner shall establish and maintain a service recipient protection trust fund, created by the deposit of all civil penalty moneys collected under this part. (b) The trust fund shall be maintained for the purpose of protecting the service recipients of a facility or service, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, or contractual standards threatens the service recipients' care or property or the facility's or service's continued operation. (c) Notwithstanding any law to the contrary, trust funds remaining unspent at the end of the fiscal year shall be carried over into the budget of the department for the subsequent fiscal year, and shall continue to be carried over from year to year until expended for the purposes prescribed in this section. Acts 2000, ch. 947, § 1; T.C.A. § 33-2-409 ; Acts 2001, ch. 299, § 1.
(a) The commissioner shall establish and maintain a service recipient protection trust fund, created by the deposit of all civil penalty moneys collected under this part.
(b) The trust fund shall be maintained for the purpose of protecting the service recipients of a facility or service, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, or contractual standards threatens the service recipients' care or property or the facility's or service's continued operation.
(c) Notwithstanding any law to the contrary, trust funds remaining unspent at the end of the fiscal year shall be carried over into the budget of the department for the subsequent fiscal year, and shall continue to be carried over from year to year until expended for the purposes prescribed in this section.
Acts 2000, ch. 947, § 1; T.C.A. § 33-2-409 ; Acts 2001, ch. 299, § 1.
Tenn. Code Ann. § 33-4-104 — TN Code / Title 33 / Chapter 4 / Section 33-4-104
Treatment for physical disorder prior to admission
Status: in_force

In considering an applicant for admission, if it appears that the person has a physical disorder that requires immediate medical care and the admitting facility cannot appropriately provide the medical care, the person shall be taken first to a physician or hospital for treatment of the medical condition. When the person has received appropriate medical attention and treatment, the person may then be transported to the appropriate facility for treatment of the person's mental illness or serious emotional disturbance. Amended by 2024 Tenn. Acts, ch. 688,s 86, eff. 7/1/2024. Acts 1965, ch. 38, § 18; 1974, ch. 802, § 20; 1975, ch. 248, § 6; 1976, ch. 489, § 2; 1978, ch. 533, § 1; T.C.A., § 33-307; Acts 1985, ch. 437, §§ 9, 10; 1996, ch. 1079, §§ 34, 35; T.C.A., § 33-3-105(b) ; Acts 2000, ch. 947, § 1.
In considering an applicant for admission, if it appears that the person has a physical disorder that requires immediate medical care and the admitting facility cannot appropriately provide the medical care, the person shall be taken first to a physician or hospital for treatment of the medical condition. When the person has received appropriate medical attention and treatment, the person may then be transported to the appropriate facility for treatment of the person's mental illness or serious emotional disturbance.
Amended by 2024 Tenn. Acts, ch. 688,s 86, eff. 7/1/2024.
Acts 1965, ch. 38, § 18; 1974, ch. 802, § 20; 1975, ch. 248, § 6; 1976, ch. 489, § 2; 1978, ch. 533, § 1; T.C.A., § 33-307; Acts 1985, ch. 437, §§ 9, 10; 1996, ch. 1079, §§ 34, 35; T.C.A., § 33-3-105(b) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-407 — TN Code / Title 33 / Chapter 5 / Section 33-5-407
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1975, ch. 248, § 13; T.C.A., §§ 33-516, 33-5-307; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1975, ch. 248, § 13; T.C.A., §§ 33-516, 33-5-307; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-206 — TN Code / Title 33 / Chapter 5 / Section 33-5-206
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1992, ch. 981, § 8; T.C.A., § 33-5-407 ; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1992, ch. 981, § 8; T.C.A., § 33-5-407 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-9-207 — TN Code / Title 33 / Chapter 9 / Section 33-9-207
Inapplicability to persons not meeting the applicable standards for service under this title other than state residence
Status: in_force

The compact administrator shall not agree to accept any person with mental illness, serious emotional disturbance, or alcohol or drug dependence who does not meet the applicable standards for service under this title other than any requirement of being a state resident. Amended by 2024 Tenn. Acts, ch. 688,s 96, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
The compact administrator shall not agree to accept any person with mental illness, serious emotional disturbance, or alcohol or drug dependence who does not meet the applicable standards for service under this title other than any requirement of being a state resident.
Amended by 2024 Tenn. Acts, ch. 688,s 96, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-802 — TN Code / Title 33 / Chapter 6 / Section 33-6-802
Examination upon conviction for sex crime
Status: in_force

Any person convicted of a sex crime shall be examined thoroughly by a psychiatrist, licensed psychologist, licensed psychological examiner, licensed senior psychological examiner, clinical nurse specialist in psychiatry, licensed professional counselor, or licensed clinical social worker from the department of correction as soon as practicable after admittance to the penal facility. A community mental health center may provide the examination when the service is specifically contracted for and funded by the department of mental health and substance abuse services or the department of correction. Acts 1957, ch. 288, § 3; 1974, ch. 802, § 52; 1975, ch. 248, § 1; 1981, ch. 224, § 26; T.C.A., § 33-1303; Acts 1986, ch. 595, § 1; 1989, ch. 311, § 1; T.C.A., § 33-6-303 ; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 334, § 6; 2002, ch. 730, § 46; 2010, ch. 1100, § 45; 2012, ch. 575, § 1.
Any person convicted of a sex crime shall be examined thoroughly by a psychiatrist, licensed psychologist, licensed psychological examiner, licensed senior psychological examiner, clinical nurse specialist in psychiatry, licensed professional counselor, or licensed clinical social worker from the department of correction as soon as practicable after admittance to the penal facility. A community mental health center may provide the examination when the service is specifically contracted for and funded by the department of mental health and substance abuse services or the department of correction.
Acts 1957, ch. 288, § 3; 1974, ch. 802, § 52; 1975, ch. 248, § 1; 1981, ch. 224, § 26; T.C.A., § 33-1303; Acts 1986, ch. 595, § 1; 1989, ch. 311, § 1; T.C.A., § 33-6-303 ; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 334, § 6; 2002, ch. 730, § 46; 2010, ch. 1100, § 45; 2012, ch. 575, § 1.
Tenn. Code Ann. § 33-2-502 — TN Code / Title 33 / Chapter 2 / Section 33-2-502
Meeting on transportation services
Status: in_force

The department shall, at least annually, convene a meeting on transportation service for persons with mental illness and serious emotional disturbance. The purpose is to promote development of interagency agreements under § 33-1-308 that assure availability of generic and specialized transportation services to service recipients and their families, coordinate service options, coordinate and maximize utilization of funding mechanisms, and assure training of transportation personnel in best practices for transporting service recipients. Participants shall include affected state agencies, local government, public and private transportation service providers, mental health service providers, and service recipients and members of service recipient families. There shall be a sufficient number of service recipients and their family members to assure effective representation in the meeting. Amended by 2024 Tenn. Acts, ch. 688,s 48, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
The department shall, at least annually, convene a meeting on transportation service for persons with mental illness and serious emotional disturbance. The purpose is to promote development of interagency agreements under § 33-1-308 that assure availability of generic and specialized transportation services to service recipients and their families, coordinate service options, coordinate and maximize utilization of funding mechanisms, and assure training of transportation personnel in best practices for transporting service recipients. Participants shall include affected state agencies, local government, public and private transportation service providers, mental health service providers, and service recipients and members of service recipient families. There shall be a sufficient number of service recipients and their family members to assure effective representation in the meeting.
Amended by 2024 Tenn. Acts, ch. 688,s 48, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-601 — TN Code / Title 33 / Chapter 6 / Section 33-6-601
Disclosure of patient information relating to outpatient treatment
Status: in_force

IF (1) a person with mental illness or serious emotional disturbance was committed involuntarily under chapter 6, part 5 of this title, AND (2) the hospital staff determines preliminarily that: (A) the person will need to participate in outpatient treatment on discharge, and (B) there is a likelihood that the discharge will be subject to the outpatient treatment obligation of this part, AND (3) the person refuses to give consent to disclose information that is legally confidential under this title to the proposed outpatient qualified mental health professional, THEN (4) the hospital and qualified mental health professional may exchange information as necessary to carry out this part. 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(a) ; Acts 2000, ch. 947, § 1.
IF
(1) a person with mental illness or serious emotional disturbance was committed involuntarily under chapter 6, part 5 of this title, AND
(2) the hospital staff determines preliminarily that: (A) the person will need to participate in outpatient treatment on discharge, and (B) there is a likelihood that the discharge will be subject to the outpatient treatment obligation of this part, AND
(A) the person will need to participate in outpatient treatment on discharge, and
(B) there is a likelihood that the discharge will be subject to the outpatient treatment obligation of this part, AND
(3) the person refuses to give consent to disclose information that is legally confidential under this title to the proposed outpatient qualified mental health professional, THEN
THEN
(4) the hospital and qualified mental health professional may exchange information as necessary to carry out this part.
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(a) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-408 — TN Code / Title 33 / Chapter 3 / Section 33-3-408
Determination of appropriateness of transfer
Status: in_force

(a) Within five (5) days, excluding Saturdays, Sundays, and legal holidays, after any transfer made without objection by the transferee under § 33-3-401 or § 33-3-402 , or any transfer under § 33-3-403 , the chief officer of the receiving facility of the department shall determine whether the transfer was appropriate under this part. If the transfer was based on mental illness or serious emotional disturbance, the chief officer's decision shall be based on the advice of a licensed physician. (b) (1) If the chief officer determines that the transfer of a person in the custody of the department of correction was not appropriate, the chief officer shall immediately transfer the person back to the custody of the department of correction. (2) If the chief officer of the receiving department facility determines that the transfer of a person in the custody of the department of children's services was not appropriate, the chief officer shall immediately transfer the person back to the youth development center or other appropriate program designated by the commissioner of children's services. (3) If the chief officer determines that the transfer was appropriate, the chief officer shall immediately give the person written notice of the decision. Amended by 2024 Tenn. Acts, ch. 688,s 73, eff. 7/1/2024. Acts 1984, ch. 922, § 34; 1987, ch. 143, § 2; 1989, ch. 278, § 33; 1989, ch. 513, § 7; 1996, ch. 1079, §§ 48, 49; 2000, ch. 947, §§ 1, 6; 2004, ch. 565, § 7; 2010 , ch. 734, § 1.
(a) Within five (5) days, excluding Saturdays, Sundays, and legal holidays, after any transfer made without objection by the transferee under § 33-3-401 or § 33-3-402 , or any transfer under § 33-3-403 , the chief officer of the receiving facility of the department shall determine whether the transfer was appropriate under this part. If the transfer was based on mental illness or serious emotional disturbance, the chief officer's decision shall be based on the advice of a licensed physician.
(b) (1) If the chief officer determines that the transfer of a person in the custody of the department of correction was not appropriate, the chief officer shall immediately transfer the person back to the custody of the department of correction. (2) If the chief officer of the receiving department facility determines that the transfer of a person in the custody of the department of children's services was not appropriate, the chief officer shall immediately transfer the person back to the youth development center or other appropriate program designated by the commissioner of children's services. (3) If the chief officer determines that the transfer was appropriate, the chief officer shall immediately give the person written notice of the decision.
(1) If the chief officer determines that the transfer of a person in the custody of the department of correction was not appropriate, the chief officer shall immediately transfer the person back to the custody of the department of correction.
(2) If the chief officer of the receiving department facility determines that the transfer of a person in the custody of the department of children's services was not appropriate, the chief officer shall immediately transfer the person back to the youth development center or other appropriate program designated by the commissioner of children's services.
(3) If the chief officer determines that the transfer was appropriate, the chief officer shall immediately give the person written notice of the decision.
Amended by 2024 Tenn. Acts, ch. 688,s 73, eff. 7/1/2024.
Acts 1984, ch. 922, § 34; 1987, ch. 143, § 2; 1989, ch. 278, § 33; 1989, ch. 513, § 7; 1996, ch. 1079, §§ 48, 49; 2000, ch. 947, §§ 1, 6; 2004, ch. 565, § 7; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-3-609 — TN Code / Title 33 / Chapter 3 / Section 33-3-609
Jury trial
Status: in_force

Either party may demand a jury trial on the issues. Acts 1983, ch. 323, § 9; T.C.A., § 33-368; Acts 2000, ch. 947, § 1.
Either party may demand a jury trial on the issues.
Acts 1983, ch. 323, § 9; T.C.A., § 33-368; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-403 — TN Code / Title 33 / Chapter 5 / Section 33-5-403
[Repealed]
Status: repealed

Amended by 2024 Tenn. Acts, ch. 784,s 10, 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 10, 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. § 33-2-1110 — TN Code / Title 33 / Chapter 2 / Section 33-2-1110
Discrimination for inability to pay prohibited
Status: in_force

There shall be no discrimination in provision of services or supports based on inability to pay. Acts 1983, ch. 323, § 32; 1996, ch. 795, § 10; T.C.A., § 33-4-113; Acts 2000, ch. 947, § 1.
There shall be no discrimination in provision of services or supports based on inability to pay.
Acts 1983, ch. 323, § 32; 1996, ch. 795, § 10; T.C.A., § 33-4-113; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-602 — TN Code / Title 33 / Chapter 2 / Section 33-2-602
Licensees to adopt conflict resolution procedures and appeal processes
Status: in_force

Every licensee under this title shall have a clear conflict resolution procedure, including an appeal process, that complies with the department's rules and shall communicate the procedure to each service recipient and family involved in the service. Termination of service or support because a third party payer refuses to continue to fund the service or support is not subject to the conflict resolution procedure. The location where service or support is to be provided is not subject to the conflict resolution procedure unless the location is inaccessible to the service recipient and the service recipient's family, as appropriate. The procedure must include the means to resolve a conflict informally and expeditiously in conformity with the department's rules. Amended by 2024 Tenn. Acts, ch. 688,s 49, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 5; 2004, ch. 565, § 10.
Every licensee under this title shall have a clear conflict resolution procedure, including an appeal process, that complies with the department's rules and shall communicate the procedure to each service recipient and family involved in the service. Termination of service or support because a third party payer refuses to continue to fund the service or support is not subject to the conflict resolution procedure. The location where service or support is to be provided is not subject to the conflict resolution procedure unless the location is inaccessible to the service recipient and the service recipient's family, as appropriate. The procedure must include the means to resolve a conflict informally and expeditiously in conformity with the department's rules.
Amended by 2024 Tenn. Acts, ch. 688,s 49, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 5; 2004, ch. 565, § 10.
Tenn. Code Ann. § 33-3-505 — TN Code / Title 33 / Chapter 3 / Section 33-3-505
Use of audio visual technology in judicial proceeding
Status: in_force

(a) (1) Any judicial proceeding under this title may be conducted by the use of audio visual technology as set out in this section. (2) For proceedings under chapter 6, part 4 of this title, the use of audio visual technology is permissible at the court's discretion, but the court may grant any reasonable request by counsel, a party, or a guardian ad litem to conduct the proceedings in the physical presence of the court. (3) For any other proceedings under this title, the use of audio visual technology is permissible with the agreement of all parties and at the court's discretion. (b) Subject to the availability of suitable equipment and notwithstanding any law to the contrary, proceedings may be conducted through two-way electronic audio-video communication without the physical presence of the defendant, plaintiff, witnesses or attorneys before the court. Any such hearing must be conducted so that: (1) The defendant, plaintiff, and judge can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5); (2) The judge, defendant, plaintiff and their attorneys can see and hear all witnesses while they testify orally during the hearing; (3) The judge, defendant, plaintiff and their attorneys can hear all questions asked of witnesses during their testimony; (4) The judge, defendant, plaintiff and their attorneys can hear all questions, statements, objections, motions and arguments of any attorney or party participating in the hearing; and (5) The defendant and defendant's attorney and plaintiff and plaintiff's attorney can communicate privately with each other during the hearing. Acts 2004, ch. 929, § 1.
(a) (1) Any judicial proceeding under this title may be conducted by the use of audio visual technology as set out in this section. (2) For proceedings under chapter 6, part 4 of this title, the use of audio visual technology is permissible at the court's discretion, but the court may grant any reasonable request by counsel, a party, or a guardian ad litem to conduct the proceedings in the physical presence of the court. (3) For any other proceedings under this title, the use of audio visual technology is permissible with the agreement of all parties and at the court's discretion.
(1) Any judicial proceeding under this title may be conducted by the use of audio visual technology as set out in this section.
(2) For proceedings under chapter 6, part 4 of this title, the use of audio visual technology is permissible at the court's discretion, but the court may grant any reasonable request by counsel, a party, or a guardian ad litem to conduct the proceedings in the physical presence of the court.
(3) For any other proceedings under this title, the use of audio visual technology is permissible with the agreement of all parties and at the court's discretion.
(b) Subject to the availability of suitable equipment and notwithstanding any law to the contrary, proceedings may be conducted through two-way electronic audio-video communication without the physical presence of the defendant, plaintiff, witnesses or attorneys before the court. Any such hearing must be conducted so that: (1) The defendant, plaintiff, and judge can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5); (2) The judge, defendant, plaintiff and their attorneys can see and hear all witnesses while they testify orally during the hearing; (3) The judge, defendant, plaintiff and their attorneys can hear all questions asked of witnesses during their testimony; (4) The judge, defendant, plaintiff and their attorneys can hear all questions, statements, objections, motions and arguments of any attorney or party participating in the hearing; and (5) The defendant and defendant's attorney and plaintiff and plaintiff's attorney can communicate privately with each other during the hearing.
(1) The defendant, plaintiff, and judge can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5);
(2) The judge, defendant, plaintiff and their attorneys can see and hear all witnesses while they testify orally during the hearing;
(3) The judge, defendant, plaintiff and their attorneys can hear all questions asked of witnesses during their testimony;
(4) The judge, defendant, plaintiff and their attorneys can hear all questions, statements, objections, motions and arguments of any attorney or party participating in the hearing; and
(5) The defendant and defendant's attorney and plaintiff and plaintiff's attorney can communicate privately with each other during the hearing.
Acts 2004, ch. 929, § 1.
Tenn. Code Ann. § 33-5-506 — TN Code / Title 33 / Chapter 5 / Section 33-5-506
[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. § 33-3-703 — TN Code / Title 33 / Chapter 3 / Section 33-3-703
When hearings held - Continuances
Status: in_force

The hearing shall be held as soon as possible after the complaint was filed. At the request of counsel for the transferee, the hearing shall be continued for up to ten (10) days for preparation of the case. Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
The hearing shall be held as soon as possible after the complaint was filed. At the request of counsel for the transferee, the hearing shall be continued for up to ten (10) days for preparation of the case.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-105 — TN Code / Title 33 / Chapter 6 / Section 33-6-105
Certificate of need required for admission of publicly funded person - Psychiatric emergency services - Funding for services for uninsured persons
Status: in_force

(a) A person with mental illness or serious emotional disturbance shall not be involuntarily admitted or committed to a state owned or operated hospital or treatment resource under chapter 6, part 4, of this title unless a mandatory prescreening agent provides one of the certificates for each set of certificates of need required by §§ 33-6-309 , 33-6-404 and 33-6-408 . If a mandatory pre-screening agent cannot examine the person within two (2) hours of the request to examine the person, then a licensed physician or a licensed psychologist with health service provider designation may examine the person and may provide one of the certificates if the physician or psychologist, in consultation with a member of a crisis response service designated by the commissioner to serve the county, determines that all available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person. (b) To the extent that funds are made available and in the interest of public safety, the department of mental health and substance abuse services shall coordinate with other departments and agencies of state government, community mental health centers and other health care providers to promote access to a continuum of appropriate services for persons in psychiatric emergencies, including, but not limited to, the following components: (1) A toll-free telephone number for twenty-four-hour access, seven (7) days a week. The telephone line shall be linked to an appropriate psychiatric emergency service provider staffed by qualified personnel in order to provide crisis triage and intervention; (2) Telephone and walk-in triage screening, telephone and mobile or walk-in face-to-face clinical assessment, intervention and follow-up; and (3) Access to crisis respite and crisis stabilization beds. (c) It is the legislative intent that the department of mental health and substance abuse services maintain funding for the portion of the emergency psychiatric services continuum for persons in need of such services who are not eligible for the TennCare program and are otherwise uninsured. In the event that appropriations to the department are not sufficient to fully support this portion of the emergency psychiatric services continuum, at least at the annualized levels provided as of January 1, 2009, then the department shall provide a report to the planning and policy council created by § 33-1-401 and the fiscal review committee created by § 3-7-101 . The report shall identify all means the department intends to use to continue to make resources available. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 32; 2009, ch. 404, §§ 1, 2; 2010, ch. 1100, § 45; 2012, ch. 575, § 1.
(a) A person with mental illness or serious emotional disturbance shall not be involuntarily admitted or committed to a state owned or operated hospital or treatment resource under chapter 6, part 4, of this title unless a mandatory prescreening agent provides one of the certificates for each set of certificates of need required by §§ 33-6-309 , 33-6-404 and 33-6-408 . If a mandatory pre-screening agent cannot examine the person within two (2) hours of the request to examine the person, then a licensed physician or a licensed psychologist with health service provider designation may examine the person and may provide one of the certificates if the physician or psychologist, in consultation with a member of a crisis response service designated by the commissioner to serve the county, determines that all available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person.
(b) To the extent that funds are made available and in the interest of public safety, the department of mental health and substance abuse services shall coordinate with other departments and agencies of state government, community mental health centers and other health care providers to promote access to a continuum of appropriate services for persons in psychiatric emergencies, including, but not limited to, the following components: (1) A toll-free telephone number for twenty-four-hour access, seven (7) days a week. The telephone line shall be linked to an appropriate psychiatric emergency service provider staffed by qualified personnel in order to provide crisis triage and intervention; (2) Telephone and walk-in triage screening, telephone and mobile or walk-in face-to-face clinical assessment, intervention and follow-up; and (3) Access to crisis respite and crisis stabilization beds.
(1) A toll-free telephone number for twenty-four-hour access, seven (7) days a week. The telephone line shall be linked to an appropriate psychiatric emergency service provider staffed by qualified personnel in order to provide crisis triage and intervention;
(2) Telephone and walk-in triage screening, telephone and mobile or walk-in face-to-face clinical assessment, intervention and follow-up; and
(3) Access to crisis respite and crisis stabilization beds.
(c) It is the legislative intent that the department of mental health and substance abuse services maintain funding for the portion of the emergency psychiatric services continuum for persons in need of such services who are not eligible for the TennCare program and are otherwise uninsured. In the event that appropriations to the department are not sufficient to fully support this portion of the emergency psychiatric services continuum, at least at the annualized levels provided as of January 1, 2009, then the department shall provide a report to the planning and policy council created by § 33-1-401 and the fiscal review committee created by § 3-7-101 . The report shall identify all means the department intends to use to continue to make resources available.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 32; 2009, ch. 404, §§ 1, 2; 2010, ch. 1100, § 45; 2012, ch. 575, § 1.
Tenn. Code Ann. § 33-1-307 — TN Code / Title 33 / Chapter 1 / Section 33-1-307
Departmental information systems - Report
Status: in_force

(a) The department shall establish a structured information system to gather all data necessary to carry out its duties with respect to planning, needs assessment, standard setting, evaluation, and promotion of the development of services and supports for the service recipient population, including persons who may become service recipients. The department shall design the system to avoid duplication of information gathering by other public agencies and to minimize acquisition of personally identifiable service recipient information. All public and private providers who serve persons with mental illness or serious emotional disturbance, regardless of whether the provider is licensed under this title or other titles of the code or is unlicensed, shall provide the information required for the information system in a way consistent with this title and other laws. (b) Beginning in 2024, the department shall submit to the members of the general assembly, by February 15 of each year, a report of data collected related to the use of medication-assisted treatment for opiate addiction by department-funded providers in this state for the prior fiscal year. The report must include information on: (1) The use of medication-assisted treatment in department-administered recovery courts; and (2) Medication-assisted treatment paid for with grant dollars, direct or indirect appropriations, and expenditures of state and federal dollars. Amended by 2024 Tenn. Acts, ch. 688,s 18, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 846, s 1, eff. 4/20/2022. Acts 2000, ch. 947, § 1.
(a) The department shall establish a structured information system to gather all data necessary to carry out its duties with respect to planning, needs assessment, standard setting, evaluation, and promotion of the development of services and supports for the service recipient population, including persons who may become service recipients. The department shall design the system to avoid duplication of information gathering by other public agencies and to minimize acquisition of personally identifiable service recipient information. All public and private providers who serve persons with mental illness or serious emotional disturbance, regardless of whether the provider is licensed under this title or other titles of the code or is unlicensed, shall provide the information required for the information system in a way consistent with this title and other laws.
(b) Beginning in 2024, the department shall submit to the members of the general assembly, by February 15 of each year, a report of data collected related to the use of medication-assisted treatment for opiate addiction by department-funded providers in this state for the prior fiscal year. The report must include information on: (1) The use of medication-assisted treatment in department-administered recovery courts; and (2) Medication-assisted treatment paid for with grant dollars, direct or indirect appropriations, and expenditures of state and federal dollars.
(1) The use of medication-assisted treatment in department-administered recovery courts; and
(2) Medication-assisted treatment paid for with grant dollars, direct or indirect appropriations, and expenditures of state and federal dollars.
Amended by 2024 Tenn. Acts, ch. 688,s 18, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 846, s 1, eff. 4/20/2022.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-602 — TN Code / Title 33 / Chapter 3 / Section 33-3-602
Contents of complaint for commitment
Status: in_force

A complaint for commitment shall be sworn and shall show that the defendant is subject to involuntary care and treatment under the commitment statute on which the complaint is based, and shall be accompanied either by a sworn statement by the plaintiff that the defendant has refused to be examined by certifying professionals or by certificates of need as required by the commitment statute showing: (1) That the certifying professionals have examined the defendant within three (3) days of the date of the certificate; (2) That they are of the opinion that the defendant is subject to involuntary care and treatment under the commitment statute; and (3) The factual foundation for their conclusions on each item of the commitment statute. Acts 1983, ch. 323, § 9; T.C.A., § 33-361; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
A complaint for commitment shall be sworn and shall show that the defendant is subject to involuntary care and treatment under the commitment statute on which the complaint is based, and shall be accompanied either by a sworn statement by the plaintiff that the defendant has refused to be examined by certifying professionals or by certificates of need as required by the commitment statute showing:
(1) That the certifying professionals have examined the defendant within three (3) days of the date of the certificate;
(2) That they are of the opinion that the defendant is subject to involuntary care and treatment under the commitment statute; and
(3) The factual foundation for their conclusions on each item of the commitment statute.
Acts 1983, ch. 323, § 9; T.C.A., § 33-361; Acts 1984, ch. 922, § 16; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-502 — TN Code / Title 33 / Chapter 10 / Section 33-10-502
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of mental health and substance abuse services; and (2) "Department" means the department of mental health and substance abuse services. Acts 2005, ch. 484, § 3; 2009, ch. 186, § 41; T.C.A. § 68-1-602 ; Acts 2010, ch. 1100, § 24; 2012, ch. 575, §§ 1, 2.
As used in this part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of mental health and substance abuse services; and
(2) "Department" means the department of mental health and substance abuse services.
Acts 2005, ch. 484, § 3; 2009, ch. 186, § 41; T.C.A. § 68-1-602 ; Acts 2010, ch. 1100, § 24; 2012, ch. 575, §§ 1, 2.
Tenn. Code Ann. § 33-2-805 — TN Code / Title 33 / Chapter 2 / Section 33-2-805
Police powers of security guards
Status: in_force

The security guards at all department facilities and other personnel the commissioner may designate are vested with the powers and authority of peace officers and shall exercise the powers and authority on the grounds of facilities under the supervision of the department. Acts 1965, ch. 82, § 14; 1974, ch. 802, § 13; 1975, ch. 248, § 1; T.C.A., §§ 33-207, 33-2-107; Acts 2000, ch. 947, §§ 1, 6.
The security guards at all department facilities and other personnel the commissioner may designate are vested with the powers and authority of peace officers and shall exercise the powers and authority on the grounds of facilities under the supervision of the department.
Acts 1965, ch. 82, § 14; 1974, ch. 802, § 13; 1975, ch. 248, § 1; T.C.A., §§ 33-207, 33-2-107; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-3-207 — TN Code / Title 33 / Chapter 3 / Section 33-3-207
Discharge of duty
Status: in_force

(a) If a service recipient is an unemancipated minor, the duty imposed by § 33-3-206 may be discharged by the professional or service provider by notifying the unemancipated minor's parent, legal guardian, or legal custodian and satisfying the requirements of subsection (c). (b) If a professional or service provider reports to law enforcement regarding a threat of bodily harm communicated by a service recipient who is an unemancipated minor, pursuant to § 33-3-206 , then the professional shall also report information about the threat to the unemancipated minor's parent, legal guardian, or legal custodian. (c) The duty imposed by § 33-3-206 may be discharged by the professional or service provider by: (1) Informing the clearly identified victim of the threat; (2) Having the service recipient admitted on a voluntary basis to a hospital; (3) Taking steps to seek admission of the service recipient to a hospital or treatment resource on an involuntary basis pursuant to chapter 6 of this title; or (4) Pursuing a course of action consistent with current professional standards that will discharge the duty. Amended by 2024 Tenn. Acts, ch. 761,s 2, eff. 4/22/2024. Acts 1989, ch. 549, § 1; T.C.A., § 33-10-302(b) ; Acts 2000, ch. 947, § 1.
(a) If a service recipient is an unemancipated minor, the duty imposed by § 33-3-206 may be discharged by the professional or service provider by notifying the unemancipated minor's parent, legal guardian, or legal custodian and satisfying the requirements of subsection (c).
(b) If a professional or service provider reports to law enforcement regarding a threat of bodily harm communicated by a service recipient who is an unemancipated minor, pursuant to § 33-3-206 , then the professional shall also report information about the threat to the unemancipated minor's parent, legal guardian, or legal custodian.
(c) The duty imposed by § 33-3-206 may be discharged by the professional or service provider by: (1) Informing the clearly identified victim of the threat; (2) Having the service recipient admitted on a voluntary basis to a hospital; (3) Taking steps to seek admission of the service recipient to a hospital or treatment resource on an involuntary basis pursuant to chapter 6 of this title; or (4) Pursuing a course of action consistent with current professional standards that will discharge the duty.
(1) Informing the clearly identified victim of the threat;
(2) Having the service recipient admitted on a voluntary basis to a hospital;
(3) Taking steps to seek admission of the service recipient to a hospital or treatment resource on an involuntary basis pursuant to chapter 6 of this title; or
(4) Pursuing a course of action consistent with current professional standards that will discharge the duty.
Amended by 2024 Tenn. Acts, ch. 761,s 2, eff. 4/22/2024.
Acts 1989, ch. 549, § 1; T.C.A., § 33-10-302(b) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-301 — TN Code / Title 33 / Chapter 5 / Section 33-5-301
[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) ; Acts 2000, ch. 947, § 1; 2012 , ch. 636, §§ 1 - 5.
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) ; Acts 2000, ch. 947, § 1; 2012 , ch. 636, §§ 1 - 5.
Tenn. Code Ann. § 33-6-403 — TN Code / Title 33 / Chapter 6 / Section 33-6-403
Admission to treatment facility
Status: in_force

(a) IF AND ONLY IF: (1) A person has a mental illness or serious emotional disturbance, AND (2) The person poses an imminent substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance, AND (3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND (4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person, THEN (5) The person may be admitted and detained by a hospital or treatment resource for emergency diagnosis, evaluation, and treatment under this part. (b) (1) There is a rebuttable presumption that a person meets the standard in subsection (a) for emergency admission to a hospital or treatment resource if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness. (2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose an imminent substantial likelihood of serious harm. Amended by 2024 Tenn. Acts, ch. 784,s 13, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 725,s 2, eff. 4/16/2024. Acts 2000, ch. 947, § 1.
(a) IF AND ONLY IF: (1) A person has a mental illness or serious emotional disturbance, AND (2) The person poses an imminent substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance, AND (3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND (4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person, THEN (5) The person may be admitted and detained by a hospital or treatment resource for emergency diagnosis, evaluation, and treatment under this part.
(1) A person has a mental illness or serious emotional disturbance, AND
(2) The person poses an imminent substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance, AND
(3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND
(4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person, THEN
THEN
(5) The person may be admitted and detained by a hospital or treatment resource for emergency diagnosis, evaluation, and treatment under this part.
(b) (1) There is a rebuttable presumption that a person meets the standard in subsection (a) for emergency admission to a hospital or treatment resource if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness. (2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose an imminent substantial likelihood of serious harm.
(1) There is a rebuttable presumption that a person meets the standard in subsection (a) for emergency admission to a hospital or treatment resource if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness.
(2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose an imminent substantial likelihood of serious harm.
Amended by 2024 Tenn. Acts, ch. 784,s 13, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 725,s 2, eff. 4/16/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-219 — TN Code / Title 33 / Chapter 3 / Section 33-3-219
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 67, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 19.
Repealed by 2024 Tenn. Acts, ch. 688,s 67, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 19.
Tenn. Code Ann. § 33-4-203 — TN Code / Title 33 / Chapter 4 / Section 33-4-203
Bond
Status: in_force

If the total value of the assets that are turned over to an employee for a ward does not exceed five thousand dollars ($5,000) exclusive of the burial fund, the court shall not require a bond. Acts 1983, ch. 323, § 4; T.C.A., §§ 33-331, 33-3-902; Acts 2000, ch. 947, § 1.
If the total value of the assets that are turned over to an employee for a ward does not exceed five thousand dollars ($5,000) exclusive of the burial fund, the court shall not require a bond.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-331, 33-3-902; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-406 — TN Code / Title 33 / Chapter 10 / Section 33-10-406
Persons charged with or convicted of a crime - Admission to treatment
Status: in_force

A person charged with or convicted of a crime may be admitted under § 33-6-201 to an appropriate treatment resource in accordance with the law relating to probation, parole or other disposition of persons charged with or convicted of criminal offenses. Acts 1990, ch. 639, § 5; 1993, ch. 234, § 8; T.C.A., § 33-8-506; Acts 2000, ch. 947, § 8E; 2009, ch. 186, § 31; T.C.A. § 68-24-506 .
A person charged with or convicted of a crime may be admitted under § 33-6-201 to an appropriate treatment resource in accordance with the law relating to probation, parole or other disposition of persons charged with or convicted of criminal offenses.
Acts 1990, ch. 639, § 5; 1993, ch. 234, § 8; T.C.A., § 33-8-506; Acts 2000, ch. 947, § 8E; 2009, ch. 186, § 31; T.C.A. § 68-24-506 .
Tenn. Code Ann. § 33-6-603 — TN Code / Title 33 / Chapter 6 / Section 33-6-603
Outpatient treatment plan
Status: in_force

(a) In developing the plan, the releasing facility and the outpatient qualified mental health professional shall consult with the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; and the service recipient's conservator, if any. Subject to obtaining any necessary consent before making a disclosure of patient information relating to outpatient treatment, the releasing facility and the outpatient qualified mental health professional may also consult with the service recipient's spouse or other adult family member with whom the service recipient would live concerning the outpatient treatment plan. Before approving the outpatient treatment plan, the releasing facility and the outpatient qualified mental health professional shall obtain the service recipient's consent to the plan to the extent practical and shall obtain the consent of the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child. (b) The releasing facility shall provide a clear written statement of what the service recipient shall do to stay in compliance with the plan to the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; the service recipient's spouse or other adult family member with whom the service recipient would live; and the service recipient's conservator. If the service recipient is a child, the statement shall specify the duties of the service recipient's parents, legal custodian, or legal guardian. 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 ; Acts 2000, ch. 947, § 1; 2010, ch. 659, § 1.
(a) In developing the plan, the releasing facility and the outpatient qualified mental health professional shall consult with the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; and the service recipient's conservator, if any. Subject to obtaining any necessary consent before making a disclosure of patient information relating to outpatient treatment, the releasing facility and the outpatient qualified mental health professional may also consult with the service recipient's spouse or other adult family member with whom the service recipient would live concerning the outpatient treatment plan. Before approving the outpatient treatment plan, the releasing facility and the outpatient qualified mental health professional shall obtain the service recipient's consent to the plan to the extent practical and shall obtain the consent of the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child.
(b) The releasing facility shall provide a clear written statement of what the service recipient shall do to stay in compliance with the plan to the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; the service recipient's spouse or other adult family member with whom the service recipient would live; and the service recipient's conservator. If the service recipient is a child, the statement shall specify the duties of the service recipient's parents, legal custodian, or legal guardian.
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 ; Acts 2000, ch. 947, § 1; 2010, ch. 659, § 1.
Tenn. Code Ann. § 33-6-404 — TN Code / Title 33 / Chapter 6 / Section 33-6-404
Certificate of need for emergency treatment and transportation
Status: in_force

IF (1) (A) a licensed physician, psychologist, or designated professional takes a person into custody under § 33-6-402 , OR (B) a person is brought to the physician, psychologist, or designated professional for examination under this section, THEN (2) the physician, psychologist, or designated professional shall immediately examine the person and decide whether the person is subject to admission to a hospital or treatment resource under § 33-6-403 , AND (3) (A) IF (i) the person is not subject to admission, THEN (ii) the physician, psychologist, or designated professional shall release the person, AND (B) IF (i) the person is subject to admission, THEN (ii) the physician, psychologist, or designated professional shall complete a certificate of need for the emergency diagnosis, evaluation, and treatment showing the factual foundation for the conclusions on each item of § 33-6-403 , AND (iii) the physician, psychologist, or designated professional shall assess the person's clinical needs and need for physical restraint or vehicle security and determine the mode of transportation to the hospital in consultation with the mandatory prescreening agent, other mental health professional familiar with the person, or a knowledgeable family member, AND (iv) if admission is sought at a state-owned or operated hospital or treatment resource, the physician, psychologist or designated professional shall verify that the state-owned or operated hospital or treatment resource has been contacted and has available suitable accommodations, acknowledging such verification in writing. Acts 2000, ch. 947, § 1; 2009 , ch. 531, § 37.
IF
(1) (A) a licensed physician, psychologist, or designated professional takes a person into custody under § 33-6-402 , OR (B) a person is brought to the physician, psychologist, or designated professional for examination under this section, THEN
(A) a licensed physician, psychologist, or designated professional takes a person into custody under § 33-6-402 , OR
(B) a person is brought to the physician, psychologist, or designated professional for examination under this section, THEN
THEN
(2) the physician, psychologist, or designated professional shall immediately examine the person and decide whether the person is subject to admission to a hospital or treatment resource under § 33-6-403 , AND
(3) (A) IF (i) the person is not subject to admission, THEN (ii) the physician, psychologist, or designated professional shall release the person, AND (B) IF (i) the person is subject to admission, THEN (ii) the physician, psychologist, or designated professional shall complete a certificate of need for the emergency diagnosis, evaluation, and treatment showing the factual foundation for the conclusions on each item of § 33-6-403 , AND (iii) the physician, psychologist, or designated professional shall assess the person's clinical needs and need for physical restraint or vehicle security and determine the mode of transportation to the hospital in consultation with the mandatory prescreening agent, other mental health professional familiar with the person, or a knowledgeable family member, AND (iv) if admission is sought at a state-owned or operated hospital or treatment resource, the physician, psychologist or designated professional shall verify that the state-owned or operated hospital or treatment resource has been contacted and has available suitable accommodations, acknowledging such verification in writing.
(A) IF (i) the person is not subject to admission, THEN (ii) the physician, psychologist, or designated professional shall release the person, AND
(i) the person is not subject to admission, THEN
(ii) the physician, psychologist, or designated professional shall release the person, AND
(B) IF (i) the person is subject to admission, THEN (ii) the physician, psychologist, or designated professional shall complete a certificate of need for the emergency diagnosis, evaluation, and treatment showing the factual foundation for the conclusions on each item of § 33-6-403 , AND (iii) the physician, psychologist, or designated professional shall assess the person's clinical needs and need for physical restraint or vehicle security and determine the mode of transportation to the hospital in consultation with the mandatory prescreening agent, other mental health professional familiar with the person, or a knowledgeable family member, AND (iv) if admission is sought at a state-owned or operated hospital or treatment resource, the physician, psychologist or designated professional shall verify that the state-owned or operated hospital or treatment resource has been contacted and has available suitable accommodations, acknowledging such verification in writing.
(i) the person is subject to admission, THEN
(ii) the physician, psychologist, or designated professional shall complete a certificate of need for the emergency diagnosis, evaluation, and treatment showing the factual foundation for the conclusions on each item of § 33-6-403 , AND
(iii) the physician, psychologist, or designated professional shall assess the person's clinical needs and need for physical restraint or vehicle security and determine the mode of transportation to the hospital in consultation with the mandatory prescreening agent, other mental health professional familiar with the person, or a knowledgeable family member, AND
(iv) if admission is sought at a state-owned or operated hospital or treatment resource, the physician, psychologist or designated professional shall verify that the state-owned or operated hospital or treatment resource has been contacted and has available suitable accommodations, acknowledging such verification in writing.
Acts 2000, ch. 947, § 1; 2009 , ch. 531, § 37.
Tenn. Code Ann. § 33-3-903 — TN Code / Title 33 / Chapter 3 / Section 33-3-903
Sexual relations with service recipient
Status: in_force

Any employee of a service provider who has sexual intercourse with a service recipient of the service provider other than the employee's spouse or commits sexual battery on a service recipient, knowing or having reason to believe that the service recipient is a service recipient of the service provider, is subject to discharge for that conduct. Acts 1965, ch. 38, § 23; 1974, ch. 802, § 30; 1980, ch. 838, § 5; T.C.A., § 33-317; Acts 1989, ch. 591, §§ 30, 31, 113; T.C.A., § 33-3-106(e) ; Acts 2000, ch. 947, § 1.
Any employee of a service provider who has sexual intercourse with a service recipient of the service provider other than the employee's spouse or commits sexual battery on a service recipient, knowing or having reason to believe that the service recipient is a service recipient of the service provider, is subject to discharge for that conduct.
Acts 1965, ch. 38, § 23; 1974, ch. 802, § 30; 1980, ch. 838, § 5; T.C.A., § 33-317; Acts 1989, ch. 591, §§ 30, 31, 113; T.C.A., § 33-3-106(e) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-402 — TN Code / Title 33 / Chapter 1 / Section 33-1-402
Duties of council
Status: in_force

(a) The statewide planning and policy council shall advise the commissioner of mental health and substance abuse services as to plans and policies to be followed in the service systems and the operation of the department of mental health and substance abuse services programs and facilities, recommend to the general assembly legislation and appropriations for the programs and facilities, advocate for and publicize the recommendations, and publicize generally the situation and needs of persons with mental illness, or serious emotional disturbance and their families. (b) The statewide planning and policy council shall especially attend to: (1) Identification of common areas of concern to be addressed by the service areas; (2) The needs of service recipients who are children or elderly and of service recipients with combinations of mental illness, serious emotional disturbance, or alcohol or drug abuse or dependence; (3) Evaluation of needs assessment, service, and budget proposals; (4) Reconciliation of policy issues among the service areas; and (5) Annual review of the adequacy of this title to support the service systems. (c) The statewide planning and policy council, in conjunction with the commissioner of mental health and substance abuse services, shall report annually to the governor on the service systems, including programs, services, supports, and facilities of the department of mental health and substance abuse services, and may furnish copies of the reports to the general assembly with recommendations for legislation. The statewide planning and policy council may make other reports to the governor and to the general assembly as the council deems necessary. The commissioner of mental health and substance abuse services shall make the reports available to the public, including on the internet and by other appropriate methods. Acts 2000, ch. 947, § 1; 2010 , ch. 1100, § 31; 2012 , ch. 575, §§ 1, 2.
(a) The statewide planning and policy council shall advise the commissioner of mental health and substance abuse services as to plans and policies to be followed in the service systems and the operation of the department of mental health and substance abuse services programs and facilities, recommend to the general assembly legislation and appropriations for the programs and facilities, advocate for and publicize the recommendations, and publicize generally the situation and needs of persons with mental illness, or serious emotional disturbance and their families.
(b) The statewide planning and policy council shall especially attend to: (1) Identification of common areas of concern to be addressed by the service areas; (2) The needs of service recipients who are children or elderly and of service recipients with combinations of mental illness, serious emotional disturbance, or alcohol or drug abuse or dependence; (3) Evaluation of needs assessment, service, and budget proposals; (4) Reconciliation of policy issues among the service areas; and (5) Annual review of the adequacy of this title to support the service systems.
(1) Identification of common areas of concern to be addressed by the service areas;
(2) The needs of service recipients who are children or elderly and of service recipients with combinations of mental illness, serious emotional disturbance, or alcohol or drug abuse or dependence;
(3) Evaluation of needs assessment, service, and budget proposals;
(4) Reconciliation of policy issues among the service areas; and
(5) Annual review of the adequacy of this title to support the service systems.
(c) The statewide planning and policy council, in conjunction with the commissioner of mental health and substance abuse services, shall report annually to the governor on the service systems, including programs, services, supports, and facilities of the department of mental health and substance abuse services, and may furnish copies of the reports to the general assembly with recommendations for legislation. The statewide planning and policy council may make other reports to the governor and to the general assembly as the council deems necessary. The commissioner of mental health and substance abuse services shall make the reports available to the public, including on the internet and by other appropriate methods.
Acts 2000, ch. 947, § 1; 2010 , ch. 1100, § 31; 2012 , ch. 575, §§ 1, 2.
Tenn. Code Ann. § 33-3-803 — TN Code / Title 33 / Chapter 3 / Section 33-3-803
Disposition of case
Status: in_force

If the court determines that the person was not admitted or committed under the governing provisions of this title or was not afforded due process of law, but that the person has a mental illness or serious emotional disturbance, or intellectual disability and because of the condition poses a likelihood of serious harm to the person or others as determined under § 33-6-501 , the court may order the person returned to the hospital or treatment resource where the person was located on the date of filing the petition for not more than fifteen (15) days, exclusive of Saturdays, Sundays or holidays, if, and only if, a petition under chapter 6, part 5 of this title is filed immediately and is disposed of within fifteen (15) days of the court's order, exclusive of Saturdays, Sundays or holidays, unless the case is continued on request of petitioner; otherwise the person shall be released. Amended by 2024 Tenn. Acts, ch. 688,s 80, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 22; 2010 , ch. 734, § 1.
If the court determines that the person was not admitted or committed under the governing provisions of this title or was not afforded due process of law, but that the person has a mental illness or serious emotional disturbance, or intellectual disability and because of the condition poses a likelihood of serious harm to the person or others as determined under § 33-6-501 , the court may order the person returned to the hospital or treatment resource where the person was located on the date of filing the petition for not more than fifteen (15) days, exclusive of Saturdays, Sundays or holidays, if, and only if, a petition under chapter 6, part 5 of this title is filed immediately and is disposed of within fifteen (15) days of the court's order, exclusive of Saturdays, Sundays or holidays, unless the case is continued on request of petitioner; otherwise the person shall be released.
Amended by 2024 Tenn. Acts, ch. 688,s 80, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 22; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-6-102 — TN Code / Title 33 / Chapter 6 / Section 33-6-102
Development of system - Purpose
Status: in_force

The department shall maintain a system to assure the most appropriate and effective services for publicly funded service recipients. Acts 1985, ch. 437, § 31; T.C.A., § 33-2-601 ; Acts 2000, ch. 947, § 1.
The department shall maintain a system to assure the most appropriate and effective services for publicly funded service recipients.
Acts 1985, ch. 437, § 31; T.C.A., § 33-2-601 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-507 — TN Code / Title 33 / Chapter 6 / Section 33-6-507
Commitment to contract facility - Conformance with contract
Status: in_force

If a licensed private or local public hospital or treatment resource has contracted with the department to serve defendants in the region and has available suitable accommodations, the court shall commit the defendant to the facility, and the facility shall admit and detain the defendant in conformity with its obligations under its contract with the department. Acts 2000, ch. 947, § 1.
If a licensed private or local public hospital or treatment resource has contracted with the department to serve defendants in the region and has available suitable accommodations, the court shall commit the defendant to the facility, and the facility shall admit and detain the defendant in conformity with its obligations under its contract with the department.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-201 — TN Code / Title 33 / Chapter 1 / Section 33-1-201
Responsibilities of department - State policy toward mental illness or serious emotional disturbance
Status: in_force

The department serves as the state's mental health authority and is responsible for system planning, setting policy and quality standards, system monitoring and evaluation, disseminating public information and advocacy for persons of all ages who have mental illness or serious emotional disturbance. It is the policy of the state to plan on the basis of and to promote the use of private and public service providers, without regard for funding source, to achieve outcomes and accomplishments that create opportunities for service recipients and potential service recipients to have the greatest possible control of their lives in the least restrictive environment that is appropriate for each person. The department shall plan for and promote the availability of a comprehensive array of high quality prevention, early intervention, treatment, and habilitation services and supports based on the needs and choices of service recipients and families served. The department shall include service recipients and members of service recipients' families in planning, developing, and monitoring the service systems. Amended by 2024 Tenn. Acts, ch. 688,s 13, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
The department serves as the state's mental health authority and is responsible for system planning, setting policy and quality standards, system monitoring and evaluation, disseminating public information and advocacy for persons of all ages who have mental illness or serious emotional disturbance. It is the policy of the state to plan on the basis of and to promote the use of private and public service providers, without regard for funding source, to achieve outcomes and accomplishments that create opportunities for service recipients and potential service recipients to have the greatest possible control of their lives in the least restrictive environment that is appropriate for each person. The department shall plan for and promote the availability of a comprehensive array of high quality prevention, early intervention, treatment, and habilitation services and supports based on the needs and choices of service recipients and families served. The department shall include service recipients and members of service recipients' families in planning, developing, and monitoring the service systems.
Amended by 2024 Tenn. Acts, ch. 688,s 13, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-410 — TN Code / Title 33 / Chapter 3 / Section 33-3-410
Return of transferee from private facility
Status: in_force

(a) If the chief officer of a private facility that operates a program for the department determines that residential care and treatment of a transferee in the facility are no longer advisable or beneficial, the chief officer shall notify the transferee and the commissioner of the determination and of the basis for it. (b) If the commissioner, after receipt of the notice, determines that an emergency exists and that the determination appears to be correct, the commissioner shall order the transfer immediately to a facility of the department. Within seven (7) days after the transfer, the commissioner shall have a transfer committee composed only of three (3) persons appointed by the commissioner hold a hearing to determine whether residential care and treatment of a transferee in the transferring facility are no longer advisable or beneficial. If the committee determines that the chief officer was correct, it shall approve the transfer. Otherwise, the committee shall order the person returned to the transferring facility or to another appropriate facility. (c) If the commissioner, after receipt of the notice, determines that an emergency does not exist and that the determination appears to be correct, the commissioner shall have a transfer committee composed only of three (3) persons appointed by the commissioner hold a hearing not less than seven (7) nor more than fourteen (14) days after receipt of the notice to determine whether residential care and treatment of a transferee in the transferring facility are no longer advisable or beneficial. If the committee determines that the chief officer was correct, it shall approve the transfer. Otherwise, the committee shall disapprove the transfer. The person shall remain in the transferring facility until the committee has made its determination. Acts 1984, ch. 922, § 34; 2000, ch. 947, §§ 1, 6.
(a) If the chief officer of a private facility that operates a program for the department determines that residential care and treatment of a transferee in the facility are no longer advisable or beneficial, the chief officer shall notify the transferee and the commissioner of the determination and of the basis for it.
(b) If the commissioner, after receipt of the notice, determines that an emergency exists and that the determination appears to be correct, the commissioner shall order the transfer immediately to a facility of the department. Within seven (7) days after the transfer, the commissioner shall have a transfer committee composed only of three (3) persons appointed by the commissioner hold a hearing to determine whether residential care and treatment of a transferee in the transferring facility are no longer advisable or beneficial. If the committee determines that the chief officer was correct, it shall approve the transfer. Otherwise, the committee shall order the person returned to the transferring facility or to another appropriate facility.
(c) If the commissioner, after receipt of the notice, determines that an emergency does not exist and that the determination appears to be correct, the commissioner shall have a transfer committee composed only of three (3) persons appointed by the commissioner hold a hearing not less than seven (7) nor more than fourteen (14) days after receipt of the notice to determine whether residential care and treatment of a transferee in the transferring facility are no longer advisable or beneficial. If the committee determines that the chief officer was correct, it shall approve the transfer. Otherwise, the committee shall disapprove the transfer. The person shall remain in the transferring facility until the committee has made its determination.
Acts 1984, ch. 922, § 34; 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-6-307 — TN Code / Title 33 / Chapter 6 / Section 33-6-307
Request for release
Status: in_force

If the person or anyone acting on the person's behalf demands that the person be released and the chief officer does not detain the person in conformity with chapter 6, part 4 or 5 of this title, the chief officer shall discharge the person. Acts 2000, ch. 947, § 1.
If the person or anyone acting on the person's behalf demands that the person be released and the chief officer does not detain the person in conformity with chapter 6, part 4 or 5 of this title, the chief officer shall discharge the person.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-310 — TN Code / Title 33 / Chapter 8 / Section 33-8-310
Counsel required for hearing
Status: in_force

(a) The court hearing upon a petition under §§ 33-8-305 - 33-8-313 shall be held within seven (7) calendar days of the filing of the petition. Upon the filing of the petition, the court shall appoint counsel to represent the child at the hearings, unless the child already has an attorney due to a pending commitment under chapter 6, part 5 of this title. The petition shall be served personally upon both the child and the child's attorney. (b) The child's attorney shall not in any case be a person who has previously advised the parties seeking authorization to administer electroconvulsive therapy or other convulsive therapy, nor shall the attorney be a person who has previously advised the child's parents, the parent's business, the child's legal guardian, or the legal guardian's business. (c) The court-appointed independent psychiatrist or the child psychiatrist whose affidavit accompanied a petition filed under § 33-8-309 shall be a witness at the hearing. The child psychiatrist's testimony may be used in place of a court-appointed independent psychiatrist. The psychiatrist's testimony shall not be regarded as conclusive, and the court shall consider any other evidence, including other expert testimony, offered in opposition to the authorization of the therapy. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(d), (g)(3); Acts 2000, ch. 947, §§ 1, 6.
(a) The court hearing upon a petition under §§ 33-8-305 - 33-8-313 shall be held within seven (7) calendar days of the filing of the petition. Upon the filing of the petition, the court shall appoint counsel to represent the child at the hearings, unless the child already has an attorney due to a pending commitment under chapter 6, part 5 of this title. The petition shall be served personally upon both the child and the child's attorney.
(b) The child's attorney shall not in any case be a person who has previously advised the parties seeking authorization to administer electroconvulsive therapy or other convulsive therapy, nor shall the attorney be a person who has previously advised the child's parents, the parent's business, the child's legal guardian, or the legal guardian's business.
(c) The court-appointed independent psychiatrist or the child psychiatrist whose affidavit accompanied a petition filed under § 33-8-309 shall be a witness at the hearing. The child psychiatrist's testimony may be used in place of a court-appointed independent psychiatrist. The psychiatrist's testimony shall not be regarded as conclusive, and the court shall consider any other evidence, including other expert testimony, offered in opposition to the authorization of the therapy.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(d), (g)(3); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-2-705 — TN Code / Title 33 / Chapter 2 / Section 33-2-705
Judicial review of department decision
Status: in_force

Any applicant or intervenor aggrieved by a decision of the department, or the other department or agency of state government to which the department has referred the application under § 33-2-704(d) , in granting or denying an application, refusing to act on an application, or terminating a certificate, is entitled to judicial review of the decision in accordance with Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1998, ch. 1005, § 5; T.C.A., § 33-2-905; Acts 2000, ch. 947, § 1.
Any applicant or intervenor aggrieved by a decision of the department, or the other department or agency of state government to which the department has referred the application under § 33-2-704(d) , in granting or denying an application, refusing to act on an application, or terminating a certificate, is entitled to judicial review of the decision in accordance with Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1998, ch. 1005, § 5; T.C.A., § 33-2-905; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-315 — TN Code / Title 33 / Chapter 8 / Section 33-8-315
Lobotomies upon children prohibited
Status: in_force

Lobotomies for intervention or alteration of a mental, emotional or behavioral disorder shall not be performed on children, and the courts of this state are prohibited from ordering or authorizing the performance of the procedure upon any child. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(f); Acts 2000, ch. 947, §§ 1, 6.
Lobotomies for intervention or alteration of a mental, emotional or behavioral disorder shall not be performed on children, and the courts of this state are prohibited from ordering or authorizing the performance of the procedure upon any child.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(f); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-9-102 — TN Code / Title 33 / Chapter 9 / Section 33-9-102
Persons subject to extradition
Status: in_force

A person alleged to be mentally ill who is found in this state, having fled from another state, shall, on demand of the executive authority of the state from which the person fled, be presented for return, if at the time of the person's flight: (1) The person was under detention by law in a facility as a mentally ill person; (2) The person had been previously determined by legal proceedings to be mentally ill, the finding being unreversed and in full force and effect, and the control of the person having been acquired by a court of competent jurisdiction of the state from which the person fled; or (3) The person was subject to detention in the state, being then the person's legal domicile, personal service of process having been made, based on legal proceedings pending there to have the person declared mentally ill. Acts 1917, ch. 115, § 3; Shan., § 5499a5; Code 1932, § 9663; T.C.A. (orig. ed.), § 33-1004; Acts 2000, ch. 947, § 1.
A person alleged to be mentally ill who is found in this state, having fled from another state, shall, on demand of the executive authority of the state from which the person fled, be presented for return, if at the time of the person's flight:
(1) The person was under detention by law in a facility as a mentally ill person;
(2) The person had been previously determined by legal proceedings to be mentally ill, the finding being unreversed and in full force and effect, and the control of the person having been acquired by a court of competent jurisdiction of the state from which the person fled; or
(3) The person was subject to detention in the state, being then the person's legal domicile, personal service of process having been made, based on legal proceedings pending there to have the person declared mentally ill.
Acts 1917, ch. 115, § 3; Shan., § 5499a5; Code 1932, § 9663; T.C.A. (orig. ed.), § 33-1004; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-708 — TN Code / Title 33 / Chapter 3 / Section 33-3-708
Hearings informal
Status: in_force

The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure. Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1003 — TN Code / Title 33 / Chapter 6 / Section 33-6-1003
Duration of declaration - Expiration - Revocation
Status: in_force

(a) A declaration for mental health treatment continues in effect for two (2) years, for a lesser period if so stated, or until revoked, whichever is sooner. If a declaration for mental health treatment has been invoked and is in effect at the expiration date, the declaration remains effective until the service recipient is capable of making mental health treatment decisions but no more than thirty (30) days after the expiration date. Subsequent declarations shall conform to all requirements of § 33-6-1004 . (b) A service recipient may revoke a declaration in whole or in part at any time orally or in writing if the service recipient is capable of making mental health treatment decisions. Making a new declaration revokes an earlier declaration. It is presumed that a service recipient is capable of making mental health treatment decisions. The presumption is a presumption affecting the burden of proof. (c) A revocation is effective when a service recipient communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the service recipient's medical record. Acts 2000, ch. 947, § 1.
(a) A declaration for mental health treatment continues in effect for two (2) years, for a lesser period if so stated, or until revoked, whichever is sooner. If a declaration for mental health treatment has been invoked and is in effect at the expiration date, the declaration remains effective until the service recipient is capable of making mental health treatment decisions but no more than thirty (30) days after the expiration date. Subsequent declarations shall conform to all requirements of § 33-6-1004 .
(b) A service recipient may revoke a declaration in whole or in part at any time orally or in writing if the service recipient is capable of making mental health treatment decisions. Making a new declaration revokes an earlier declaration. It is presumed that a service recipient is capable of making mental health treatment decisions. The presumption is a presumption affecting the burden of proof.
(c) A revocation is effective when a service recipient communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the service recipient's medical record.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-7-101 — TN Code / Title 33 / Chapter 7 / Section 33-7-101
Examination of patients
Status: in_force

Any person with mental illness hospitalized under this chapter or held in a forensic services unit shall be examined as often as practicable but not less often than every three (3) months. Acts 1974, ch. 464, § 1; 1975, ch. 248, § 27; T.C.A., § 33-714; Acts 1984, ch. 922, § 37; 2000, ch. 947, § 1.
Any person with mental illness hospitalized under this chapter or held in a forensic services unit shall be examined as often as practicable but not less often than every three (3) months.
Acts 1974, ch. 464, § 1; 1975, ch. 248, § 27; T.C.A., § 33-714; Acts 1984, ch. 922, § 37; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-405 — TN Code / Title 33 / Chapter 10 / Section 33-10-405
Counties - Powers
Status: in_force

To carry out the purposes of this part, counties may: (1) Make any contract necessary or incidental to the implementation of this part, including contracts with public and private not-for-profit agencies, organizations and individuals to provide funds for services rendered or furnished to alcoholics or intoxicated persons; (2) Solicit and accept any gift or grant of money, services or property from any private source or from the state or federal government or any agencies or any political subdivision of state or federal government, and cooperate in making application for such grants; (3) Coordinate activities, cooperate with alcoholism programs and make contracts and other joint or cooperative arrangements with state, local or private agencies in this state and other states for the treatment of alcoholics and intoxicated persons pursuant to this part; (4) Keep records and engage in research and the gathering of relevant statistics; (5) Acquire, hold or dispose of real property or any interest in real property and construct, lease or otherwise provide treatment facilities or social services facilities for alcoholics and intoxicated persons; and (6) Do whatever is necessary or convenient to execute the authority expressly granted in this part. Acts 1990, ch. 639, § 4; 1991, ch. 376, § 3; 1993, ch. 234, § 8; T.C.A., § 33-8-505; Acts 2009, ch. 186, § 30; T.C.A. § 68-24-505 .
To carry out the purposes of this part, counties may:
(1) Make any contract necessary or incidental to the implementation of this part, including contracts with public and private not-for-profit agencies, organizations and individuals to provide funds for services rendered or furnished to alcoholics or intoxicated persons;
(2) Solicit and accept any gift or grant of money, services or property from any private source or from the state or federal government or any agencies or any political subdivision of state or federal government, and cooperate in making application for such grants;
(3) Coordinate activities, cooperate with alcoholism programs and make contracts and other joint or cooperative arrangements with state, local or private agencies in this state and other states for the treatment of alcoholics and intoxicated persons pursuant to this part;
(4) Keep records and engage in research and the gathering of relevant statistics;
(5) Acquire, hold or dispose of real property or any interest in real property and construct, lease or otherwise provide treatment facilities or social services facilities for alcoholics and intoxicated persons; and
(6) Do whatever is necessary or convenient to execute the authority expressly granted in this part.
Acts 1990, ch. 639, § 4; 1991, ch. 376, § 3; 1993, ch. 234, § 8; T.C.A., § 33-8-505; Acts 2009, ch. 186, § 30; T.C.A. § 68-24-505 .
Tenn. Code Ann. § 33-2-420 — TN Code / Title 33 / Chapter 2 / Section 33-2-420
Dual licensing not required
Status: in_force

If an agency is licensed as a personal support services agency under this title, it does not have to be licensed under title 68, chapter 11, part 2, as a home care organization to provide personal support services. If an agency is licensed under title 68, chapter 11, part 2, as a home care organization, it does not have to be licensed under this title to provide personal support services. Acts 2001, ch. 282, § 9.
If an agency is licensed as a personal support services agency under this title, it does not have to be licensed under title 68, chapter 11, part 2, as a home care organization to provide personal support services. If an agency is licensed under title 68, chapter 11, part 2, as a home care organization, it does not have to be licensed under this title to provide personal support services.
Acts 2001, ch. 282, § 9.
Tenn. Code Ann. § 33-6-203 — TN Code / Title 33 / Chapter 6 / Section 33-6-203
Limitations on admission of child
Status: in_force

No unemancipated child may be admitted under this part for more than one (1) six-month period in any twelve-month period unless the admissions review committee approves further hospitalization. Acts 2000, ch. 947, § 1.
No unemancipated child may be admitted under this part for more than one (1) six-month period in any twelve-month period unless the admissions review committee approves further hospitalization.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1001 — TN Code / Title 33 / Chapter 6 / Section 33-6-1001
Declaration for mental health treatment authorized - Contents
Status: in_force

A competent adult may make a declaration for mental health treatment to express the person's preferences and instructions about participation in mental health treatment, including hospitalization for a maximum of fifteen (15) days, psychoactive and other medications, and electroconvulsive and other convulsive therapies. The declaration may include consent to or refusal to permit mental health treatment and other instructions and information for mental health service providers. Acts 2000, ch. 947, § 1.
A competent adult may make a declaration for mental health treatment to express the person's preferences and instructions about participation in mental health treatment, including hospitalization for a maximum of fifteen (15) days, psychoactive and other medications, and electroconvulsive and other convulsive therapies. The declaration may include consent to or refusal to permit mental health treatment and other instructions and information for mental health service providers.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-102 — TN Code / Title 33 / Chapter 8 / Section 33-8-102
Responsibilities of department with regard to children
Status: in_force

The department in coordination with the council on children's mental health care shall promote effective advocacy for services and supports for all children with mental illness or serious emotional disturbance. The department's responsibilities for children shall include, but not be limited to: (1) Promoting collaboration among care givers and service providers and equitable involvement of care givers in service plan development; (2) Case finding after the department has adopted rules regarding service and support to children; (3) Determining eligibility; (4) Providing basic service standards; (5) Facilitating the interdepartmental planning process for children through the statewide and regional planning and policy councils; (6) Initiating meetings or other processes to develop local interagency agreements as needs and problems are identified by service providers, advocates, or families; (7) Assisting children and their families to gain access to the system of services and supports; (8) Defining and listing an array of services and supports; and (9) Assisting youth who have been in the public system of care with transition to adult services. Amended by 2024 Tenn. Acts, ch. 688,s 92, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2008 , ch. 1062, § 5.
The department in coordination with the council on children's mental health care shall promote effective advocacy for services and supports for all children with mental illness or serious emotional disturbance. The department's responsibilities for children shall include, but not be limited to:
(1) Promoting collaboration among care givers and service providers and equitable involvement of care givers in service plan development;
(2) Case finding after the department has adopted rules regarding service and support to children;
(3) Determining eligibility;
(4) Providing basic service standards;
(5) Facilitating the interdepartmental planning process for children through the statewide and regional planning and policy councils;
(6) Initiating meetings or other processes to develop local interagency agreements as needs and problems are identified by service providers, advocates, or families;
(7) Assisting children and their families to gain access to the system of services and supports;
(8) Defining and listing an array of services and supports; and
(9) Assisting youth who have been in the public system of care with transition to adult services.
Amended by 2024 Tenn. Acts, ch. 688,s 92, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2008 , ch. 1062, § 5.
Tenn. Code Ann. § 33-6-902 — TN Code / Title 33 / Chapter 6 / Section 33-6-902
Transportation of patient to hospital - Temporary detention
Status: in_force

(a) Whenever a person is about to be admitted to a hospital or treatment resource under chapter 6, part 5 of this title, the court shall arrange for the transportation of the person to the hospital. Whenever practicable, the person to be hospitalized shall be permitted to be accompanied by one (1) or more friends or relatives, who shall travel at their own expense. Any reputable and trustworthy relative or friend of the person who will assume responsibility for the person's safe deliverance may be allowed to transport the person to the hospital if the relative or friend will do so at the transporter's own expense. (b) Pending removal to a hospital, a person with mental illness or serious emotional disturbance taken into custody or ordered to be hospitalized under chapter 6, part 5 of this title, may be detained in the person's home or in some suitable facility under such reasonable conditions as the court may order, but the person shall not be detained in a nonmedical facility used for the detention of persons charged with or convicted of criminal offenses. Reasonable measures necessary to assure proper care of a person temporarily detained under this section, including provision for medical care, shall be taken. Acts 1965, ch. 38, § 44; 1967, ch. 58, § 1; 1983, ch. 323, § 17; T.C.A., §§ 33-607, 33-6-106; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 48.
(a) Whenever a person is about to be admitted to a hospital or treatment resource under chapter 6, part 5 of this title, the court shall arrange for the transportation of the person to the hospital. Whenever practicable, the person to be hospitalized shall be permitted to be accompanied by one (1) or more friends or relatives, who shall travel at their own expense. Any reputable and trustworthy relative or friend of the person who will assume responsibility for the person's safe deliverance may be allowed to transport the person to the hospital if the relative or friend will do so at the transporter's own expense.
(b) Pending removal to a hospital, a person with mental illness or serious emotional disturbance taken into custody or ordered to be hospitalized under chapter 6, part 5 of this title, may be detained in the person's home or in some suitable facility under such reasonable conditions as the court may order, but the person shall not be detained in a nonmedical facility used for the detention of persons charged with or convicted of criminal offenses. Reasonable measures necessary to assure proper care of a person temporarily detained under this section, including provision for medical care, shall be taken.
Acts 1965, ch. 38, § 44; 1967, ch. 58, § 1; 1983, ch. 323, § 17; T.C.A., §§ 33-607, 33-6-106; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 48.
Tenn. Code Ann. § 33-6-412 — TN Code / Title 33 / Chapter 6 / Section 33-6-412
Admission of detainee to other private or local facility - Payment for services
Status: in_force

IF: (1) the chief officer of a licensed private or local public hospital or treatment resource determines that the person is subject to admission under § 33-6-403 and has the required certificates of need or the one (1) certificate of need executed pursuant to § 33-6-426(b) , AND (2) (A) a parent, legal guardian, legal custodian, conservator, spouse, or an adult relative of the person, or any other person has made arrangements to pay the cost of care and treatment in a hospital, or treatment resource, OR (B) the facility chooses to accept the person when no third person has made arrangements to pay the cost, THEN (3) the facility may admit and detain the person for emergency diagnosis, evaluation, and treatment. Amended by 2023 Tenn. Acts, ch. 199, s 4, eff. 7/1/2023. Acts 2000, ch. 947, § 1.
IF:
(1) the chief officer of a licensed private or local public hospital or treatment resource determines that the person is subject to admission under § 33-6-403 and has the required certificates of need or the one (1) certificate of need executed pursuant to § 33-6-426(b) , AND
(2) (A) a parent, legal guardian, legal custodian, conservator, spouse, or an adult relative of the person, or any other person has made arrangements to pay the cost of care and treatment in a hospital, or treatment resource, OR (B) the facility chooses to accept the person when no third person has made arrangements to pay the cost, THEN
(A) a parent, legal guardian, legal custodian, conservator, spouse, or an adult relative of the person, or any other person has made arrangements to pay the cost of care and treatment in a hospital, or treatment resource, OR
(B) the facility chooses to accept the person when no third person has made arrangements to pay the cost, THEN
THEN
(3) the facility may admit and detain the person for emergency diagnosis, evaluation, and treatment.
Amended by 2023 Tenn. Acts, ch. 199, s 4, eff. 7/1/2023.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-221 — TN Code / Title 33 / Chapter 3 / Section 33-3-221
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 67, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 20.
Repealed by 2024 Tenn. Acts, ch. 688,s 67, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 20.
Tenn. Code Ann. § 33-3-217 — TN Code / Title 33 / Chapter 3 / Section 33-3-217
Uniform assessment process for determining recipient's decision making capacity
Status: in_force

The department shall by rule prescribe a uniform assessment process by which to determine whether a service recipient lacks capacity to make decisions on issues within the meaning of § 33-3-218 . Acts 2000, ch. 947, § 1.
The department shall by rule prescribe a uniform assessment process by which to determine whether a service recipient lacks capacity to make decisions on issues within the meaning of § 33-3-218 .
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-106 — TN Code / Title 33 / Chapter 10 / Section 33-10-106
Contracts in furtherance of department functions - Grants and gifts of funds
Status: in_force

The department, through its commissioner, is empowered to: (1) Enter into contractual agreements with institutions and individuals in furtherance of its function of prevention, treatment, training, research or education; (2) Accept grants and gifts of funds, from whatever source derived, administer the grants and gifts according to the terms of the grants or gifts and enter cooperative programs with private and public instrumentalities, including the federal government, for the betterment of alcohol and drug prevention and treatment services in the state; (3) Enter into contractual agreements with other states, or political subdivisions of other states, or corporations chartered in those other states, for the purpose of providing alcohol and drug services for those persons in need of prevention and treatment; and (4) Enter into contractual agreements with counties, or agencies of counties, of the state for the inpatient treatment of alcohol and drug patients or residents. Acts 1993, ch. 234, § 4; 2009, ch. 186, § 20; T.C.A. § 68-24-106 .
The department, through its commissioner, is empowered to:
(1) Enter into contractual agreements with institutions and individuals in furtherance of its function of prevention, treatment, training, research or education;
(2) Accept grants and gifts of funds, from whatever source derived, administer the grants and gifts according to the terms of the grants or gifts and enter cooperative programs with private and public instrumentalities, including the federal government, for the betterment of alcohol and drug prevention and treatment services in the state;
(3) Enter into contractual agreements with other states, or political subdivisions of other states, or corporations chartered in those other states, for the purpose of providing alcohol and drug services for those persons in need of prevention and treatment; and
(4) Enter into contractual agreements with counties, or agencies of counties, of the state for the inpatient treatment of alcohol and drug patients or residents.
Acts 1993, ch. 234, § 4; 2009, ch. 186, § 20; T.C.A. § 68-24-106 .
Tenn. Code Ann. § 33-2-408 — TN Code / Title 33 / Chapter 2 / Section 33-2-408
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 44, eff. 7/1/2024. Acts 2001, ch. 299, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 32; 2011 , ch. 158, § 15.
Repealed by 2024 Tenn. Acts, ch. 688,s 44, eff. 7/1/2024.
Acts 2001, ch. 299, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 32; 2011 , ch. 158, § 15.
Tenn. Code Ann. § 33-2-1202 — TN Code / Title 33 / Chapter 2 / Section 33-2-1202
Organizations to perform background checks on employees
Status: in_force

(a) As used in this section and § 38-6-109 , "organization" means a facility or service licensed under chapter 2, part 4 of this title. (b) Each organization shall have a criminal background check completed on any employee or volunteer who will be in a position that involves providing direct contact with or direct responsibility for service recipients. The background check shall be completed before allowing the person to have any direct contact with or direct responsibility for service recipients. The persons applying for employment shall: (1) Provide past work history containing a continuous description of activities over the past five (5) years; (2) Identify at least three (3) individuals as personal references, one (1) of whom shall have known the applicant for at least five (5) years; (3) Release all investigative records to the organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for the organization; and (4) (A) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or (B) Release information for a criminal background investigation by a state licensed private investigation company. (c) (1) The organization shall check past work and personal references prior to employment of applicants. At a minimum the organization shall communicate directly with the most recent employer and each employer identified by the applicant as having employed the applicant for more than six (6) months in the past five (5) years. The organization shall communicate directly with at least two (2) of the personal references identified by the applicant. (2) [Deleted by 2024 amendment.] (3) The organization shall check the registry maintained by the department of health pursuant to § 68-11-1001 prior to employment of applicants or their use as a volunteer in the organization. No individual who is listed on the registry may be hired or otherwise permitted to provide services in the organization. (d) Any cost incurred by the Tennessee bureau of investigation, the federal bureau of investigation, or a state licensed private investigation company shall be paid by the organization requesting the investigation and information. If the background check is conducted by the Tennessee bureau of investigation or the federal bureau of investigation, the payment of the costs shall be made in the amounts established by § 38-6-103 . (e) [Deleted by 2024 amendment.] (f) [Deleted by 2024 amendment.] Amended by 2024 Tenn. Acts, ch. 688,s 54, eff. 7/1/2024. Amended by 2017 Tenn. Acts, ch. 427, s 2, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1044, Secs.s 9, s 10 eff. 4/28/2016. Amended by 2014 Tenn. Acts, ch. 668, s 3, eff. 4/14/2014. Acts 1996, ch. 993, § 1; 1997 , ch. 305, § 1; 1999, ch. 466, § 1; T.C.A., § 33-1-209(c); Acts 2000, ch. 981, § 53; 2000, ch. 947, § 1; 2010 , ch. 1084, §§ 3, 4; 2011 , ch. 165, §§ 1, 2.
(a) As used in this section and § 38-6-109 , "organization" means a facility or service licensed under chapter 2, part 4 of this title.
(b) Each organization shall have a criminal background check completed on any employee or volunteer who will be in a position that involves providing direct contact with or direct responsibility for service recipients. The background check shall be completed before allowing the person to have any direct contact with or direct responsibility for service recipients. The persons applying for employment shall: (1) Provide past work history containing a continuous description of activities over the past five (5) years; (2) Identify at least three (3) individuals as personal references, one (1) of whom shall have known the applicant for at least five (5) years; (3) Release all investigative records to the organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for the organization; and (4) (A) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or (B) Release information for a criminal background investigation by a state licensed private investigation company.
(1) Provide past work history containing a continuous description of activities over the past five (5) years;
(2) Identify at least three (3) individuals as personal references, one (1) of whom shall have known the applicant for at least five (5) years;
(3) Release all investigative records to the organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for the organization; and
(4) (A) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or (B) Release information for a criminal background investigation by a state licensed private investigation company.
(A) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or
(B) Release information for a criminal background investigation by a state licensed private investigation company.
(c) (1) The organization shall check past work and personal references prior to employment of applicants. At a minimum the organization shall communicate directly with the most recent employer and each employer identified by the applicant as having employed the applicant for more than six (6) months in the past five (5) years. The organization shall communicate directly with at least two (2) of the personal references identified by the applicant. (2) [Deleted by 2024 amendment.] (3) The organization shall check the registry maintained by the department of health pursuant to § 68-11-1001 prior to employment of applicants or their use as a volunteer in the organization. No individual who is listed on the registry may be hired or otherwise permitted to provide services in the organization.
(1) The organization shall check past work and personal references prior to employment of applicants. At a minimum the organization shall communicate directly with the most recent employer and each employer identified by the applicant as having employed the applicant for more than six (6) months in the past five (5) years. The organization shall communicate directly with at least two (2) of the personal references identified by the applicant.
(2) [Deleted by 2024 amendment.]
(3) The organization shall check the registry maintained by the department of health pursuant to § 68-11-1001 prior to employment of applicants or their use as a volunteer in the organization. No individual who is listed on the registry may be hired or otherwise permitted to provide services in the organization.
(d) Any cost incurred by the Tennessee bureau of investigation, the federal bureau of investigation, or a state licensed private investigation company shall be paid by the organization requesting the investigation and information. If the background check is conducted by the Tennessee bureau of investigation or the federal bureau of investigation, the payment of the costs shall be made in the amounts established by § 38-6-103 .
(e) [Deleted by 2024 amendment.]
(f) [Deleted by 2024 amendment.]
Amended by 2024 Tenn. Acts, ch. 688,s 54, eff. 7/1/2024.
Amended by 2017 Tenn. Acts, ch. 427, s 2, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1044, Secs.s 9, s 10 eff. 4/28/2016.
Amended by 2014 Tenn. Acts, ch. 668, s 3, eff. 4/14/2014.
Acts 1996, ch. 993, § 1; 1997 , ch. 305, § 1; 1999, ch. 466, § 1; T.C.A., § 33-1-209(c); Acts 2000, ch. 981, § 53; 2000, ch. 947, § 1; 2010 , ch. 1084, §§ 3, 4; 2011 , ch. 165, §§ 1, 2.
Tenn. Code Ann. § 33-8-104 — TN Code / Title 33 / Chapter 8 / Section 33-8-104
Emancipated children - Rights and responsibilities under this title
Status: in_force

Children who are emancipated by marriage, court order, or in any other way recognized by law in the state have all the rights and responsibilities of adults under this title, except to the extent those rights are restricted by court order. The parent of an emancipated child shall be treated as the parent of an adult under all provisions of this title that give parents rights or responsibilities with respect to the child. Acts 2000, ch. 947, § 1.
Children who are emancipated by marriage, court order, or in any other way recognized by law in the state have all the rights and responsibilities of adults under this title, except to the extent those rights are restricted by court order. The parent of an emancipated child shall be treated as the parent of an adult under all provisions of this title that give parents rights or responsibilities with respect to the child.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-401 — TN Code / Title 33 / Chapter 5 / Section 33-5-401
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1975, ch. 248, § 13; T.C.A., §§ 33-505, 33-5-301; Acts 2000, ch. 947, § 1; 2006, ch. 1008, § 1; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 43.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1975, ch. 248, § 13; T.C.A., §§ 33-505, 33-5-301; Acts 2000, ch. 947, § 1; 2006, ch. 1008, § 1; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 43.
Tenn. Code Ann. § 33-6-508 — TN Code / Title 33 / Chapter 6 / Section 33-6-508
Commitment to non-state facility where third-party payment has been arranged
Status: in_force

IF (1) (A) a parent, legal guardian, legal custodian, conservator, spouse, or an adult relative of the defendant, or any other person has made arrangements to pay the cost of care and treatment in a licensed private hospital or treatment resources, OR (B) the facility chooses to accept the defendant when no third person has made arrangements to pay the cost, AND (2) placement in the facility is more appropriate to the needs of the defendant than placement in a state facility, THEN (3) the court may commit the defendant to the facility. Acts 2000, ch. 947, § 1.
IF
(1) (A) a parent, legal guardian, legal custodian, conservator, spouse, or an adult relative of the defendant, or any other person has made arrangements to pay the cost of care and treatment in a licensed private hospital or treatment resources, OR (B) the facility chooses to accept the defendant when no third person has made arrangements to pay the cost, AND
(A) a parent, legal guardian, legal custodian, conservator, spouse, or an adult relative of the defendant, or any other person has made arrangements to pay the cost of care and treatment in a licensed private hospital or treatment resources, OR
(B) the facility chooses to accept the defendant when no third person has made arrangements to pay the cost, AND
(2) placement in the facility is more appropriate to the needs of the defendant than placement in a state facility, THEN
THEN
(3) the court may commit the defendant to the facility.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-101 — TN Code / Title 33 / Chapter 2 / Section 33-2-101
Services and support to be community-based system
Status: in_force

The department shall plan, coordinate, administer, monitor, and evaluate state and federally funded services and supports as a community-based system within the total system of services and supports for persons with mental illness or serious emotional disturbance, or at risk for those conditions and for their families. All functions shall be carried out in consultation and collaboration with current or former service recipients, their families, guardians or conservators, service recipient advocates, service providers, agencies, and other affected persons and organizations. Amended by 2024 Tenn. Acts, ch. 688,s 22, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
The department shall plan, coordinate, administer, monitor, and evaluate state and federally funded services and supports as a community-based system within the total system of services and supports for persons with mental illness or serious emotional disturbance, or at risk for those conditions and for their families. All functions shall be carried out in consultation and collaboration with current or former service recipients, their families, guardians or conservators, service recipient advocates, service providers, agencies, and other affected persons and organizations.
Amended by 2024 Tenn. Acts, ch. 688,s 22, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-309 — TN Code / Title 33 / Chapter 8 / Section 33-8-309
Electroconvulsive therapy - Petition to court
Status: in_force

(a) Electroconvulsive or other convulsive therapy may be initiated prior to a court hearing under §§ 33-8-305 - 33-8-313, if the petitioner files a petition with the court having jurisdiction of the child's commitment under chapter 6, part 5 of this title, if the proceeding is pending, or otherwise files a petition in the juvenile court where the child resides, was committed to state custody, or may be found. (b) The petition shall be verified by the mental health professional, hospital or treatment resource seeking authorization to administer the therapy and shall state the nature of the therapy for which authorization is sought, and the facts upon which the petitioner relies to support the claim that it has been determined under § 33-8-302 that the convulsive therapy may be necessary for the child. (c) (1) Attached to the petition shall be an affidavit from a child psychiatrist, who shall be child and adolescent certified by the American Board of Psychiatry and Neurology, stating that: (A) It has been determined under § 33-8-302 that the convulsive therapy may be necessary for the child; and (B) There is insufficient time to complete the procedure provided by §§ 33-8-305-33-8-313, and therefore treatment prior to a court hearing is necessary. (2) The affidavit shall provide the specific factual, medical and clinical basis supporting the requirements of this section. (d) The child psychiatrist shall personally examine the child within twenty-four (24) hours of the filing of the petition. (e) The child psychiatrist shall not be in a professional practice or association with the attending physician, nor have any direct financial interest in any private hospital or treatment resource in which the child is to be detained or receive therapy. (f) If the petition and affidavit have been filed in conformity with this section, electroconvulsive or other convulsive therapy may be initiated. Electroconvulsive or other convulsive therapy shall be discontinued immediately when any of the conditions required under §§ 33-8-302(1) and (2) and 33-8- 303(1) that justified the therapy are no longer true. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(g)(1), (2); Acts 2000, ch. 947, §§ 1, 6.
(a) Electroconvulsive or other convulsive therapy may be initiated prior to a court hearing under §§ 33-8-305 - 33-8-313, if the petitioner files a petition with the court having jurisdiction of the child's commitment under chapter 6, part 5 of this title, if the proceeding is pending, or otherwise files a petition in the juvenile court where the child resides, was committed to state custody, or may be found.
(b) The petition shall be verified by the mental health professional, hospital or treatment resource seeking authorization to administer the therapy and shall state the nature of the therapy for which authorization is sought, and the facts upon which the petitioner relies to support the claim that it has been determined under § 33-8-302 that the convulsive therapy may be necessary for the child.
(c) (1) Attached to the petition shall be an affidavit from a child psychiatrist, who shall be child and adolescent certified by the American Board of Psychiatry and Neurology, stating that: (A) It has been determined under § 33-8-302 that the convulsive therapy may be necessary for the child; and (B) There is insufficient time to complete the procedure provided by §§ 33-8-305-33-8-313, and therefore treatment prior to a court hearing is necessary. (2) The affidavit shall provide the specific factual, medical and clinical basis supporting the requirements of this section.
(1) Attached to the petition shall be an affidavit from a child psychiatrist, who shall be child and adolescent certified by the American Board of Psychiatry and Neurology, stating that: (A) It has been determined under § 33-8-302 that the convulsive therapy may be necessary for the child; and (B) There is insufficient time to complete the procedure provided by §§ 33-8-305-33-8-313, and therefore treatment prior to a court hearing is necessary.
(A) It has been determined under § 33-8-302 that the convulsive therapy may be necessary for the child; and
(B) There is insufficient time to complete the procedure provided by §§ 33-8-305-33-8-313, and therefore treatment prior to a court hearing is necessary.
(2) The affidavit shall provide the specific factual, medical and clinical basis supporting the requirements of this section.
(d) The child psychiatrist shall personally examine the child within twenty-four (24) hours of the filing of the petition.
(e) The child psychiatrist shall not be in a professional practice or association with the attending physician, nor have any direct financial interest in any private hospital or treatment resource in which the child is to be detained or receive therapy.
(f) If the petition and affidavit have been filed in conformity with this section, electroconvulsive or other convulsive therapy may be initiated. Electroconvulsive or other convulsive therapy shall be discontinued immediately when any of the conditions required under §§ 33-8-302(1) and (2) and 33-8- 303(1) that justified the therapy are no longer true.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(g)(1), (2); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-5-203 — TN Code / Title 33 / Chapter 5 / Section 33-5-203
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1992, ch. 981, § 5; T.C.A., § 33-5-404 ; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1992, ch. 981, § 5; T.C.A., § 33-5-404 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-4-208 — TN Code / Title 33 / Chapter 4 / Section 33-4-208
Annual report
Status: in_force

An employee serving as legal guardian or conservator shall file the annual report required by title 34 with the appointing court on a form approved by the commissioner. Acts 1983, ch. 323, § 4; T.C.A., §§ 33-334, 33-3-905; Acts 2000, ch. 947, § 1.
An employee serving as legal guardian or conservator shall file the annual report required by title 34 with the appointing court on a form approved by the commissioner.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-334, 33-3-905; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-1101 — TN Code / Title 33 / Chapter 2 / Section 33-2-1101
Calculation of charges for service
Status: in_force

(a) The commissioner, with the approval of the comptroller of the treasury and the commissioner of finance and administration, shall establish by rule a method for determination at least annually of charges for services and supports provided to service recipients in programs operated by the department, including the charges for all institutional or professional services. (b) Charges shall be calculated using generally accepted accounting principles. Acts 1983, ch. 323, § 32; 1996, ch. 795, § 1; T.C.A., § 33-4-101 ; Acts 2000, ch. 947, § 1.
(a) The commissioner, with the approval of the comptroller of the treasury and the commissioner of finance and administration, shall establish by rule a method for determination at least annually of charges for services and supports provided to service recipients in programs operated by the department, including the charges for all institutional or professional services.
(b) Charges shall be calculated using generally accepted accounting principles.
Acts 1983, ch. 323, § 32; 1996, ch. 795, § 1; T.C.A., § 33-4-101 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-503 — TN Code / Title 33 / Chapter 3 / Section 33-3-503
Costs of proceedings
Status: in_force

(a) The reasonable costs incurred in judicial proceedings under this title shall be paid by the subject of the proceedings or the subject's estate or by the subject's responsible relatives and shall be a charge upon the estate of those liable. (b) The reasonable costs incurred in judicial proceedings filed by the chief officer of a department facility to have a guardian or conservator appointed under title 34, shall be paid by the subject of the proceedings in conformity with that law. (c) (1) If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the chief officer of a department facility is indigent under the guardianship or conservatorship law under title 34, the state shall pay the costs. (2) For the purpose of subdivision (c)(1), the supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and limitations on and conditions for reimbursement of costs as it deems appropriate in the public interest, subject to this section. The rules shall also specify the form and content of applications for reimbursement of costs to be filed under this section. The administrative director of the courts shall administer this subsection (c) and rules adopted under this subsection (c), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment from money appropriated for that purpose. (d) In any case where the subject of the proceedings is judicially determined not to be involuntarily hospitalized, committed, or transferred, the costs may be taxed against the person who seeks hospitalization, commitment, or transfer of the subject of the proceedings. (e) The court may require any petitioner to file an undertaking with surety to be approved by the court in an amount the court considers proper to assure the payment of costs and expenses and to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent as a result of the action. (f) Witnesses subpoenaed to appear in proceedings held under this title shall be paid fees and mileage as provided by law for witnesses generally. Acts 1965, ch. 38, § 17; 1974, ch. 802, § 25; 1976, ch. 763, § 2; T.C.A., § 33-312; Acts 1984, ch. 922, § 3; 1985, ch. 437, § 12; 1993, ch. 66, § 44; 2000, ch. 947, § 1; 2001, ch. 349, § 1.
(a) The reasonable costs incurred in judicial proceedings under this title shall be paid by the subject of the proceedings or the subject's estate or by the subject's responsible relatives and shall be a charge upon the estate of those liable.
(b) The reasonable costs incurred in judicial proceedings filed by the chief officer of a department facility to have a guardian or conservator appointed under title 34, shall be paid by the subject of the proceedings in conformity with that law.
(c) (1) If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the chief officer of a department facility is indigent under the guardianship or conservatorship law under title 34, the state shall pay the costs. (2) For the purpose of subdivision (c)(1), the supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and limitations on and conditions for reimbursement of costs as it deems appropriate in the public interest, subject to this section. The rules shall also specify the form and content of applications for reimbursement of costs to be filed under this section. The administrative director of the courts shall administer this subsection (c) and rules adopted under this subsection (c), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment from money appropriated for that purpose.
(1) If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the chief officer of a department facility is indigent under the guardianship or conservatorship law under title 34, the state shall pay the costs.
(2) For the purpose of subdivision (c)(1), the supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and limitations on and conditions for reimbursement of costs as it deems appropriate in the public interest, subject to this section. The rules shall also specify the form and content of applications for reimbursement of costs to be filed under this section. The administrative director of the courts shall administer this subsection (c) and rules adopted under this subsection (c), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment from money appropriated for that purpose.
(d) In any case where the subject of the proceedings is judicially determined not to be involuntarily hospitalized, committed, or transferred, the costs may be taxed against the person who seeks hospitalization, commitment, or transfer of the subject of the proceedings.
(e) The court may require any petitioner to file an undertaking with surety to be approved by the court in an amount the court considers proper to assure the payment of costs and expenses and to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent as a result of the action.
(f) Witnesses subpoenaed to appear in proceedings held under this title shall be paid fees and mileage as provided by law for witnesses generally.
Acts 1965, ch. 38, § 17; 1974, ch. 802, § 25; 1976, ch. 763, § 2; T.C.A., § 33-312; Acts 1984, ch. 922, § 3; 1985, ch. 437, § 12; 1993, ch. 66, § 44; 2000, ch. 947, § 1; 2001, ch. 349, § 1.
Tenn. Code Ann. § 33-2-425 — TN Code / Title 33 / Chapter 2 / Section 33-2-425
Licensing by other state departments or agencies
Status: in_force

Mental health facilities and substance abuse facilities that are licensed under this part may additionally be licensed by other departments or agencies of this state. Added by 2023 Tenn. Acts, ch. 466, s 75, eff. 7/1/2024.
Mental health facilities and substance abuse facilities that are licensed under this part may additionally be licensed by other departments or agencies of this state.
Added by 2023 Tenn. Acts, ch. 466, s 75, eff. 7/1/2024.
Tenn. Code Ann. § 33-7-203 — TN Code / Title 33 / Chapter 7 / Section 33-7-203
Discharge from forensic services unit
Status: in_force

When a person in a forensic services unit no longer meets the standards under which the person was admitted to the unit, the chief officer shall cause the person to be discharged or to be returned to the hospital, division or facility from which the person was transferred or to be transferred to another appropriate facility or program. Acts 1974, ch. 464, § 1; T.C.A., § 33-711; Acts 2000, ch. 947, § 1.
When a person in a forensic services unit no longer meets the standards under which the person was admitted to the unit, the chief officer shall cause the person to be discharged or to be returned to the hospital, division or facility from which the person was transferred or to be transferred to another appropriate facility or program.
Acts 1974, ch. 464, § 1; T.C.A., § 33-711; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-116 — TN Code / Title 33 / Chapter 3 / Section 33-3-116
Penalty for violation
Status: in_force

A violation of §§ 33-3-103-33-3-115 is a Class C misdemeanor. T.C.A. § 33-3-104(10)(B) ; Acts 2000, ch. 947, § 1; Acts 2009 , ch. 578, § 6; T.C.A. § 33-3-115 .
A violation of §§ 33-3-103-33-3-115 is a Class C misdemeanor.
T.C.A. § 33-3-104(10)(B) ; Acts 2000, ch. 947, § 1; Acts 2009 , ch. 578, § 6; T.C.A. § 33-3-115 .
Tenn. Code Ann. § 33-10-402 — TN Code / Title 33 / Chapter 10 / Section 33-10-402
Application of part
Status: in_force

This part shall be an alternative to part 2 of this chapter. This part shall apply to a county and shall take effect only upon adoption of a resolution by the county legislative body electing to establish programs and procedures for the detention and treatment of such persons in that county pursuant to this part and to provide appropriate first year funding for those programs. Acts 1990, ch. 639, § 2; 1993, ch. 234, § 8; T.C.A., § 33-8-502; Acts 2009, ch. 186, § 27; T.C.A. § 68-24-502 .
This part shall be an alternative to part 2 of this chapter. This part shall apply to a county and shall take effect only upon adoption of a resolution by the county legislative body electing to establish programs and procedures for the detention and treatment of such persons in that county pursuant to this part and to provide appropriate first year funding for those programs.
Acts 1990, ch. 639, § 2; 1993, ch. 234, § 8; T.C.A., § 33-8-502; Acts 2009, ch. 186, § 27; T.C.A. § 68-24-502 .
Tenn. Code Ann. § 33-3-620 — TN Code / Title 33 / Chapter 3 / Section 33-3-620
Appeals
Status: in_force

Appeals from proceedings for involuntary care and treatment shall be taken under the general law governing appeals. Acts 1983, ch. 323, § 9; T.C.A., §§ 33-382, 33-3-623; Acts 2000, ch. 947, § 1.
Appeals from proceedings for involuntary care and treatment shall be taken under the general law governing appeals.
Acts 1983, ch. 323, § 9; T.C.A., §§ 33-382, 33-3-623; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-501 — TN Code / Title 33 / Chapter 3 / Section 33-3-501
Patient or resident not released during pendency of proceedings - Exceptions
Status: in_force

(a) Notwithstanding any other provisions of this title, no person with mental illness or serious emotional disturbance with respect to whom proceedings for hospitalization or admission under a court order have been commenced, shall be released or discharged during the pendency of the proceedings, unless ordered by the court upon application of the person with mental illness or serious emotional disturbance or of the parent, legal guardian, legal custodian, conservator, spouse or adult next of kin of the person, or upon the report of the chief officer that the person with mental illness or serious emotional disturbance may be discharged with safety. (b) This section does not limit the duties to release persons with mental illness or serious emotional disturbance imposed by § 33-6-207 and chapter 6, parts 3, 4, and 8 of this title. Amended by 2024 Tenn. Acts, ch. 688,s 74, eff. 7/1/2024. Acts 1965, ch. 38, § 7; 1974, ch. 802, § 23; 1978, ch. 533, § 5; 1983, ch. 323, § 12; T.C.A., § 33-310; Acts 1985, ch. 437, § 11; 1996, ch. 1079, § 52; 2000, ch. 947, § 1.
(a) Notwithstanding any other provisions of this title, no person with mental illness or serious emotional disturbance with respect to whom proceedings for hospitalization or admission under a court order have been commenced, shall be released or discharged during the pendency of the proceedings, unless ordered by the court upon application of the person with mental illness or serious emotional disturbance or of the parent, legal guardian, legal custodian, conservator, spouse or adult next of kin of the person, or upon the report of the chief officer that the person with mental illness or serious emotional disturbance may be discharged with safety.
(b) This section does not limit the duties to release persons with mental illness or serious emotional disturbance imposed by § 33-6-207 and chapter 6, parts 3, 4, and 8 of this title.
Amended by 2024 Tenn. Acts, ch. 688,s 74, eff. 7/1/2024.
Acts 1965, ch. 38, § 7; 1974, ch. 802, § 23; 1978, ch. 533, § 5; 1983, ch. 323, § 12; T.C.A., § 33-310; Acts 1985, ch. 437, § 11; 1996, ch. 1079, § 52; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-617 — TN Code / Title 33 / Chapter 6 / Section 33-6-617
Person eligible for discharge
Status: in_force

If the person, upon being readmitted under this part, is eligible for discharge under § 33-6-602 , the person shall be discharged under § 33-6-602 notwithstanding § 33-3-501 . The hospital shall give notice of the discharge to the courts that had been notified of the admission, and the judicial proceedings for recommitment shall be dismissed. Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(g) ; Acts 2000, ch. 947, § 1.
If the person, upon being readmitted under this part, is eligible for discharge under § 33-6-602 , the person shall be discharged under § 33-6-602 notwithstanding § 33-3-501 . The hospital shall give notice of the discharge to the courts that had been notified of the admission, and the judicial proceedings for recommitment shall be dismissed.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(g) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-310 — TN Code / Title 33 / Chapter 1 / Section 33-1-310
Power to assume temporary control of facility in event of emergency
Status: in_force

If the department determines that an emergency substantially impairs a service provider agency's capacity to provide service to its service recipients and jeopardizes the health or safety of its service recipients, the department may assume temporary operating responsibility for the agency to assure continuity of care and the health and safety of the service recipients. Acts 2000, ch. 947, § 1.
If the department determines that an emergency substantially impairs a service provider agency's capacity to provide service to its service recipients and jeopardizes the health or safety of its service recipients, the department may assume temporary operating responsibility for the agency to assure continuity of care and the health and safety of the service recipients.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-620 — TN Code / Title 33 / Chapter 6 / Section 33-6-620
Termination of legally mandated outpatient care - Notice to court
Status: in_force

IF (1) at any time the qualified mental health professional determines that: (A) the person with mental illness or serious emotional disturbance is likely to participate in outpatient treatment without being legally obligated to do so, or (B) the person no longer needs treatment for the mental illness or serious emotional disturbance, THEN (2) the qualified mental health professional shall terminate the treatment obligation, AND (3) the qualified mental health professional shall notify the committing court and the hospital that discharged the person. Acts 1982, ch. 862, § 6; T.C.A., §§ 33-617, 33-6-203; Acts 1984, ch. 922, § 26; T.C.A., § 33-6-207(a) ; Acts 2000, ch. 947, § 1.
IF
(1) at any time the qualified mental health professional determines that: (A) the person with mental illness or serious emotional disturbance is likely to participate in outpatient treatment without being legally obligated to do so, or (B) the person no longer needs treatment for the mental illness or serious emotional disturbance, THEN
(A) the person with mental illness or serious emotional disturbance is likely to participate in outpatient treatment without being legally obligated to do so, or
(B) the person no longer needs treatment for the mental illness or serious emotional disturbance, THEN
THEN
(2) the qualified mental health professional shall terminate the treatment obligation, AND
(3) the qualified mental health professional shall notify the committing court and the hospital that discharged the person.
Acts 1982, ch. 862, § 6; T.C.A., §§ 33-617, 33-6-203; Acts 1984, ch. 922, § 26; T.C.A., § 33-6-207(a) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-4-209 — TN Code / Title 33 / Chapter 4 / Section 33-4-209
Designation of trustees for patients or residents - Audit
Status: in_force

(a) The commissioner may designate employees of the department to serve as trustees for service recipients if the terms of the trust have been approved in writing by the commissioner and the attorney general and reporter. (b) All assets, funds, and other property held as a part of the corpus of trust and income from the trust shall be audited annually by the state. Acts 1983, ch. 323, § 4; T.C.A., §§ 33-335, 33-3-906; Acts 2000, ch. 947, § 1.
(a) The commissioner may designate employees of the department to serve as trustees for service recipients if the terms of the trust have been approved in writing by the commissioner and the attorney general and reporter.
(b) All assets, funds, and other property held as a part of the corpus of trust and income from the trust shall be audited annually by the state.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-335, 33-3-906; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-9-103 — TN Code / Title 33 / Chapter 9 / Section 33-9-103
Procedure
Status: in_force

Whenever the executive authority of any state demands of the executive authority of this state any fugitive under § 33-9-102 , and produces a copy of the commitment, decree or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state from which the person so charged has fled, with an affidavit made before a proper officer showing the person to be a fugitive, it shall be the duty of the executive authority of this state to cause the person to be apprehended and secured, if found in this state, and to cause immediate notice of the apprehension to be given to the executive authority making the demand, or to the agent of the authority appointed to receive the fugitive and to deliver the fugitive to the agent when the person appears. Acts 1917, ch. 115, § 4; Shan., § 5499a6; Code 1932, § 9664; T.C.A. (orig. ed.), § 33-1005; Acts 2000, ch. 947, § 1.
Whenever the executive authority of any state demands of the executive authority of this state any fugitive under § 33-9-102 , and produces a copy of the commitment, decree or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state from which the person so charged has fled, with an affidavit made before a proper officer showing the person to be a fugitive, it shall be the duty of the executive authority of this state to cause the person to be apprehended and secured, if found in this state, and to cause immediate notice of the apprehension to be given to the executive authority making the demand, or to the agent of the authority appointed to receive the fugitive and to deliver the fugitive to the agent when the person appears.
Acts 1917, ch. 115, § 4; Shan., § 5499a6; Code 1932, § 9664; T.C.A. (orig. ed.), § 33-1005; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-101 — TN Code / Title 33 / Chapter 10 / Section 33-10-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Comprehensive Alcohol and Drug Treatment Act of 1973." Acts 1973, ch. 295, § 1; T.C.A., § 33-801; Acts 1993, ch. 234, § 1; T.C.A., § 33-8-101 ; Acts 2009, ch. 186, § 15; T.C.A. § 68-24-101 .
This chapter shall be known and may be cited as the "Comprehensive Alcohol and Drug Treatment Act of 1973."
Acts 1973, ch. 295, § 1; T.C.A., § 33-801; Acts 1993, ch. 234, § 1; T.C.A., § 33-8-101 ; Acts 2009, ch. 186, § 15; T.C.A. § 68-24-101 .
Tenn. Code Ann. § 33-4-201 — TN Code / Title 33 / Chapter 4 / Section 33-4-201
Designation of employee as legal guardian or conservator
Status: in_force

The commissioner shall designate an employee of the department whom courts may appoint, regardless of whether the employee resides in the same county as the ward, as legal guardian or conservator for a service recipient in a state facility under title 34, if the court determines that no other person or legally qualified organization will serve for the service recipient and that it is for the best interests of the service recipient that the person be appointed. Acts 1983, ch. 323, § 4; T.C.A., §§ 33-330, 33-3-901; Acts 2000, ch. 947, § 1.
The commissioner shall designate an employee of the department whom courts may appoint, regardless of whether the employee resides in the same county as the ward, as legal guardian or conservator for a service recipient in a state facility under title 34, if the court determines that no other person or legally qualified organization will serve for the service recipient and that it is for the best interests of the service recipient that the person be appointed.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-330, 33-3-901; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-424 — TN Code / Title 33 / Chapter 2 / Section 33-2-424
Prohibited practices generally
Status: in_force

(a) A treatment facility shall not: (1) Refer drug tests to an out-of-network laboratory if an in-network laboratory is reasonably available to meet the patient's drug testing needs; (2) Order or perform confirmatory testing in the absence of a documented medical or legal need for the testing; (3) Enter into any contract or agreement with a third-party payor that includes any inducement or incentive to reduce or limit services to a level or duration below what is in the best clinical interest of the patient; or (4) Request, receive, or retain payment for substance use disorder treatment services provided to a patient as a result of conduct described in subdivision (a)(1), (a)(2), or (a)(3). (b) In addition to any other punishment authorized by law, an entity that knowingly violates this section is subject to suspension or revocation of the entity's license pursuant to § 33-2-407 and the imposition of civil penalties under § 33-2-409 . (c) As used in this section, "treatment facility" means a developmental center, treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, hospital, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides a mental health, intellectual, or developmental disability service or an alcohol and drug abuse prevention and/or treatment facility. Added by 2021 Tenn. Acts, ch. 309, s 4, eff. 7/1/2022.
(a) A treatment facility shall not: (1) Refer drug tests to an out-of-network laboratory if an in-network laboratory is reasonably available to meet the patient's drug testing needs; (2) Order or perform confirmatory testing in the absence of a documented medical or legal need for the testing; (3) Enter into any contract or agreement with a third-party payor that includes any inducement or incentive to reduce or limit services to a level or duration below what is in the best clinical interest of the patient; or (4) Request, receive, or retain payment for substance use disorder treatment services provided to a patient as a result of conduct described in subdivision (a)(1), (a)(2), or (a)(3).
(1) Refer drug tests to an out-of-network laboratory if an in-network laboratory is reasonably available to meet the patient's drug testing needs;
(2) Order or perform confirmatory testing in the absence of a documented medical or legal need for the testing;
(3) Enter into any contract or agreement with a third-party payor that includes any inducement or incentive to reduce or limit services to a level or duration below what is in the best clinical interest of the patient; or
(4) Request, receive, or retain payment for substance use disorder treatment services provided to a patient as a result of conduct described in subdivision (a)(1), (a)(2), or (a)(3).
(b) In addition to any other punishment authorized by law, an entity that knowingly violates this section is subject to suspension or revocation of the entity's license pursuant to § 33-2-407 and the imposition of civil penalties under § 33-2-409 .
(c) As used in this section, "treatment facility" means a developmental center, treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, hospital, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides a mental health, intellectual, or developmental disability service or an alcohol and drug abuse prevention and/or treatment facility.
Added by 2021 Tenn. Acts, ch. 309, s 4, eff. 7/1/2022.
Tenn. Code Ann. § 33-3-612 — TN Code / Title 33 / Chapter 3 / Section 33-3-612
Evidence - Witnesses - Continuances - Presence or exclusion of defendant
Status: in_force

(a) The court shall give the defendant, the plaintiff, and all other persons to whom the clerk is required to give notice of the proceeding, an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. (b) The defendant shall be present at the hearing unless the defendant waives the right to be present in writing. If the defendant's attorney shows that the defendant's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated, and the defendant shall not be discharged during the continuance unless the hospital determines that the defendant no longer meets the commitment standards applicable in the hearing that has been continued. If the court determines that the defendant's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the defendant or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the defendant restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the defendant is not present at or is excluded from the hearing, the court shall make a written finding of fact as to why the hearing is held in defendant's absence. Acts 1983, ch. 323, § 9; T.C.A., § 33-371; Acts 1984, ch. 922, §§ 16, 21; 1996, ch. 1079, § 54; 2000, ch. 947, § 1.
(a) The court shall give the defendant, the plaintiff, and all other persons to whom the clerk is required to give notice of the proceeding, an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses.
(b) The defendant shall be present at the hearing unless the defendant waives the right to be present in writing. If the defendant's attorney shows that the defendant's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated, and the defendant shall not be discharged during the continuance unless the hospital determines that the defendant no longer meets the commitment standards applicable in the hearing that has been continued. If the court determines that the defendant's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the defendant or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the defendant restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the defendant is not present at or is excluded from the hearing, the court shall make a written finding of fact as to why the hearing is held in defendant's absence.
Acts 1983, ch. 323, § 9; T.C.A., § 33-371; Acts 1984, ch. 922, §§ 16, 21; 1996, ch. 1079, § 54; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-210 — TN Code / Title 33 / Chapter 3 / Section 33-3-210
Reporting to local law enforcement by a qualified mental health professional or behavior analyst of an actual threat of serious bodily harm or death against an identifiable victim
Status: in_force

(a) If a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, who has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, shall immediately report the service recipient to local law enforcement, who shall take appropriate action based upon the information reported. (b) If a mental health professional or behavior analyst is required to report pursuant to subsection (a), the professional or analyst shall report the following information: (1) Complete name and all aliases of the service recipient; (2) Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services; (3) Date of birth of the service recipient; (4) Race and sex of the service recipient; and (5) Social security number of the service recipient if available. (c) The information in subdivisions (b)(1)-(3), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 and 39-17-1354 . Amended by 2018 Tenn. Acts, ch. 799, s 4, eff. 7/1/2018.
(a) If a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, who has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, shall immediately report the service recipient to local law enforcement, who shall take appropriate action based upon the information reported.
(b) If a mental health professional or behavior analyst is required to report pursuant to subsection (a), the professional or analyst shall report the following information: (1) Complete name and all aliases of the service recipient; (2) Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services; (3) Date of birth of the service recipient; (4) Race and sex of the service recipient; and (5) Social security number of the service recipient if available.
(1) Complete name and all aliases of the service recipient;
(2) Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services;
(3) Date of birth of the service recipient;
(4) Race and sex of the service recipient; and
(5) Social security number of the service recipient if available.
(c) The information in subdivisions (b)(1)-(3), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 and 39-17-1354 .
Amended by 2018 Tenn. Acts, ch. 799, s 4, eff. 7/1/2018.
Tenn. Code Ann. § 33-3-125 — TN Code / Title 33 / Chapter 3 / Section 33-3-125
Professional not to be related or to have financial interest
Status: in_force

A certificate of need for commitment for care and treatment as a person with mental illness or serious emotional disturbance that is authorized or required to be made by a physician, psychologist, or other professional under this title is not valid for any purpose 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; or (2) It is made by a professional who has an ownership interest in a private facility in which the person is to be admitted. Amended by 2024 Tenn. Acts, ch. 688,s 63, eff. 7/1/2024. Acts 1983, ch. 323, § 16; T.C.A., §§ 33-345, 33-3-108; Acts 2000, ch. 947, § 1.
A certificate of need for commitment for care and treatment as a person with mental illness or serious emotional disturbance that is authorized or required to be made by a physician, psychologist, or other professional under this title is not valid for any purpose 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; or
(2) It is made by a professional who has an ownership interest in a private facility in which the person is to be admitted.
Amended by 2024 Tenn. Acts, ch. 688,s 63, eff. 7/1/2024.
Acts 1983, ch. 323, § 16; T.C.A., §§ 33-345, 33-3-108; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-7-103 — TN Code / Title 33 / Chapter 7 / Section 33-7-103
Judicial hospitalization order as transfer of custody
Status: in_force

Without regard to its wording, any court order of hospitalization in a hospital or unit of a hospital shall be considered in law as a transfer of the person to the custody of the commissioner. Acts 1974, ch. 464, § 1; T.C.A., § 33-715; Acts 2000, ch. 947, § 1.
Without regard to its wording, any court order of hospitalization in a hospital or unit of a hospital shall be considered in law as a transfer of the person to the custody of the commissioner.
Acts 1974, ch. 464, § 1; T.C.A., § 33-715; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-804 — TN Code / Title 33 / Chapter 2 / Section 33-2-804
Officials prohibited from trafficking in supplies
Status: in_force

Officials connected with management of any of the department's facilities are prohibited from contracting to furnish any supplies or equipment for use in the operation or support of the facility, and any official who violates this section shall forfeit the right to serve as the official. Acts 1965, ch. 82, § 13; 1974, ch. 802, § 12; T.C.A., §§ 33-206, 33-2-106; Acts 2000, ch. 947, § 1.
Officials connected with management of any of the department's facilities are prohibited from contracting to furnish any supplies or equipment for use in the operation or support of the facility, and any official who violates this section shall forfeit the right to serve as the official.
Acts 1965, ch. 82, § 13; 1974, ch. 802, § 12; T.C.A., §§ 33-206, 33-2-106; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-502 — TN Code / Title 33 / Chapter 3 / Section 33-3-502
Record of proceedings - Copy of court order with recipient's history to hospital or developmental center
Status: in_force

(a) In all judicial proceedings under this title the clerk of the court in which the proceedings are held shall keep a careful and accurate record of the proceedings. (b) (1) Whenever, in a judicial proceeding under this title, a person has been ordered hospitalized or admitted, the clerk of the court shall immediately communicate the action of the court to the chief officer of the hospital. (2) A copy of the court order shall be forwarded to the hospital, together with a personal and family history of the person with mental illness or serious emotional disturbance that the clerk shall complete, and any other forms or documents required by rules of the department. (3) The department shall furnish a supply of all necessary forms to the clerks of the various courts. (c) The clerk may communicate to the chief officer of the hospital the cost that shall be included in the costs and expenses of the case. Amended by 2024 Tenn. Acts, ch. 688,s 75, eff. 7/1/2024. Acts 1965, ch. 38, § 16; 1974, ch. 802, § 24; 1975, ch. 248, § 1; T.C.A., § 33-311; Acts 2000, ch. 947, §§ 1, 6.
(a) In all judicial proceedings under this title the clerk of the court in which the proceedings are held shall keep a careful and accurate record of the proceedings.
(b) (1) Whenever, in a judicial proceeding under this title, a person has been ordered hospitalized or admitted, the clerk of the court shall immediately communicate the action of the court to the chief officer of the hospital. (2) A copy of the court order shall be forwarded to the hospital, together with a personal and family history of the person with mental illness or serious emotional disturbance that the clerk shall complete, and any other forms or documents required by rules of the department. (3) The department shall furnish a supply of all necessary forms to the clerks of the various courts.
(1) Whenever, in a judicial proceeding under this title, a person has been ordered hospitalized or admitted, the clerk of the court shall immediately communicate the action of the court to the chief officer of the hospital.
(2) A copy of the court order shall be forwarded to the hospital, together with a personal and family history of the person with mental illness or serious emotional disturbance that the clerk shall complete, and any other forms or documents required by rules of the department.
(3) The department shall furnish a supply of all necessary forms to the clerks of the various courts.
(c) The clerk may communicate to the chief officer of the hospital the cost that shall be included in the costs and expenses of the case.
Amended by 2024 Tenn. Acts, ch. 688,s 75, eff. 7/1/2024.
Acts 1965, ch. 38, § 16; 1974, ch. 802, § 24; 1975, ch. 248, § 1; T.C.A., § 33-311; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-6-702 — TN Code / Title 33 / Chapter 6 / Section 33-6-702
Request for current examination of mental condition - Payment
Status: in_force

Any person hospitalized under a court order obtained under chapter 6, part 5 of this title, or the person's attorney, parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, shall be entitled, upon the expiration of ninety (90) days following the order and not more frequently than every six (6) months thereafter, to request, in writing, the chief officer of the hospital in which the person is hospitalized to have a current examination of the person's mental condition made by one (1) or more physicians. If the request is timely, it shall be granted. The person shall be entitled at the person's own expense to have a licensed physician not connected with the hospital to participate in the examination. If the person is indigent, is in a department facility, and makes a written request for examination, with the approval of the commissioner, the department shall assist the person in obtaining a licensed physician to participate in the examination in the person's behalf. A physician so obtained by the indigent person shall be compensated for services out of unobligated funds of the department in an amount the department determines to be fair and reasonable. Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., § 33-6-108(b)(1) ; Acts 2000, ch. 947, § 1.
Any person hospitalized under a court order obtained under chapter 6, part 5 of this title, or the person's attorney, parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, shall be entitled, upon the expiration of ninety (90) days following the order and not more frequently than every six (6) months thereafter, to request, in writing, the chief officer of the hospital in which the person is hospitalized to have a current examination of the person's mental condition made by one (1) or more physicians. If the request is timely, it shall be granted. The person shall be entitled at the person's own expense to have a licensed physician not connected with the hospital to participate in the examination. If the person is indigent, is in a department facility, and makes a written request for examination, with the approval of the commissioner, the department shall assist the person in obtaining a licensed physician to participate in the examination in the person's behalf. A physician so obtained by the indigent person shall be compensated for services out of unobligated funds of the department in an amount the department determines to be fair and reasonable.
Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., § 33-6-108(b)(1) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1006 — TN Code / Title 33 / Chapter 6 / Section 33-6-1006
Care contrary to declaration - Authorization by review committee - Emergency
Status: in_force

(a) The physician or other mental health service provider may provide mental health treatment to the service recipient in a manner contrary to the service recipient's wishes as expressed in a declaration for mental health treatment IF AND ONLY IF (1) The service recipient is involuntarily committed to an inpatient treatment facility under this title and a treatment review committee authorizes it, OR (2) There is an emergency endangering the service recipient's life or health. (b) A declaration does not limit any authority under this title to take a person into custody or to admit, retain, or treat a person in a mental health facility. Acts 2000, ch. 947, § 1.
(a) The physician or other mental health service provider may provide mental health treatment to the service recipient in a manner contrary to the service recipient's wishes as expressed in a declaration for mental health treatment IF AND ONLY IF (1) The service recipient is involuntarily committed to an inpatient treatment facility under this title and a treatment review committee authorizes it, OR (2) There is an emergency endangering the service recipient's life or health.
IF AND ONLY IF
(1) The service recipient is involuntarily committed to an inpatient treatment facility under this title and a treatment review committee authorizes it, OR
(2) There is an emergency endangering the service recipient's life or health.
(b) A declaration does not limit any authority under this title to take a person into custody or to admit, retain, or treat a person in a mental health facility.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-203 — TN Code / Title 33 / Chapter 2 / Section 33-2-203
Councils - Purpose - Membership
Status: in_force

(a) The councils are to provide citizen participation in policy planning and shall be representative of service recipients and their families, service recipient advocates for children, adults, and the elderly, service providers, agencies, and other affected persons and organizations. At least a majority of each council's membership shall consist of current or former service recipients and members of service recipient families. (b) Notwithstanding subsection (a), the regional citizen-based planning and policy councils established by the department of mental health and substance abuse services shall strive to ensure that at least a majority of each council's membership consists of current or former service recipients and members of service recipient families. Amended by 2021 Tenn. Acts, ch. 62, s 4, eff. 3/29/2021. Acts 2000, ch. 947, § 1.
(a) The councils are to provide citizen participation in policy planning and shall be representative of service recipients and their families, service recipient advocates for children, adults, and the elderly, service providers, agencies, and other affected persons and organizations. At least a majority of each council's membership shall consist of current or former service recipients and members of service recipient families.
(b) Notwithstanding subsection (a), the regional citizen-based planning and policy councils established by the department of mental health and substance abuse services shall strive to ensure that at least a majority of each council's membership consists of current or former service recipients and members of service recipient families.
Amended by 2021 Tenn. Acts, ch. 62, s 4, eff. 3/29/2021.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-205 — TN Code / Title 33 / Chapter 6 / Section 33-6-205
Approval of commitment
Status: in_force

The admissions review committee shall approve continued hospitalization by a vote of at least three (3) of its members. The committee may recommend the person's continued hospitalization for a period not to exceed six (6) months. If the committee does not approve continued hospitalization, the person shall be released, unless, prior to the committee's decision, a petition for judicial hospitalization has been filed under chapter 6, part 5 of this title. Acts 2000, ch. 947, § 1.
The admissions review committee shall approve continued hospitalization by a vote of at least three (3) of its members. The committee may recommend the person's continued hospitalization for a period not to exceed six (6) months. If the committee does not approve continued hospitalization, the person shall be released, unless, prior to the committee's decision, a petition for judicial hospitalization has been filed under chapter 6, part 5 of this title.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-301 — TN Code / Title 33 / Chapter 1 / Section 33-1-301
Powers of department - Contracts - Property and monetary grants - Pilot programs
Status: in_force

(a) The department is empowered to enter into contractual agreements in furtherance of its functions. (b) The department may accept grants and gifts of funds and other property of whatever kind from any source, administer the same according to the terms of the grants or gifts, and enter cooperative programs with private and public instrumentalities, including the federal government, to improve mental health services and supports in the state. (c) The department may enter into contracts with other states, or political subdivisions, or corporations chartered in other states, for the purpose of providing preventive and treatment services and supports for service recipients by establishing or supporting various facilities in cooperation with the political or corporate bodies. (d) The department may establish or review pilot projects, including, but not limited to, projects to provide, develop, or plan service and support for its service recipients or their families through direct administration or through contracting with service providers. Pilot projects are subject to other state and federal laws. (e) The department of finance and administration shall furnish to the department sufficient space for the department to carry out the department's duties efficiently. Amended by 2024 Tenn. Acts, ch. 688,s 15, eff. 7/1/2024. Acts 1965, ch. 82, § 1; 1974, ch. 802, § 3; 1975, ch. 248, § 1; T.C.A., §§ 33-101, 33-1-201; Acts 2000, ch. 947, §§ 1, 6; 2010 , ch. 1100, § 24.
(a) The department is empowered to enter into contractual agreements in furtherance of its functions.
(b) The department may accept grants and gifts of funds and other property of whatever kind from any source, administer the same according to the terms of the grants or gifts, and enter cooperative programs with private and public instrumentalities, including the federal government, to improve mental health services and supports in the state.
(c) The department may enter into contracts with other states, or political subdivisions, or corporations chartered in other states, for the purpose of providing preventive and treatment services and supports for service recipients by establishing or supporting various facilities in cooperation with the political or corporate bodies.
(d) The department may establish or review pilot projects, including, but not limited to, projects to provide, develop, or plan service and support for its service recipients or their families through direct administration or through contracting with service providers. Pilot projects are subject to other state and federal laws.
(e) The department of finance and administration shall furnish to the department sufficient space for the department to carry out the department's duties efficiently.
Amended by 2024 Tenn. Acts, ch. 688,s 15, eff. 7/1/2024.
Acts 1965, ch. 82, § 1; 1974, ch. 802, § 3; 1975, ch. 248, § 1; T.C.A., §§ 33-101, 33-1-201; Acts 2000, ch. 947, §§ 1, 6; 2010 , ch. 1100, § 24.
Tenn. Code Ann. § 33-6-1011 — TN Code / Title 33 / Chapter 6 / Section 33-6-1011
Immunity for actions taken or not taken in good faith reliance on declaraton
Status: in_force

A physician or mental health service provider who administers or does not administer mental health treatment as provided in and in good faith reliance on the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action based on a subsequent finding of the declaration's invalidity. Acts 2000, ch. 947, § 1.
A physician or mental health service provider who administers or does not administer mental health treatment as provided in and in good faith reliance on the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action based on a subsequent finding of the declaration's invalidity.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-303 — TN Code / Title 33 / Chapter 3 / Section 33-3-303
Transfer of nonresident
Status: in_force

(a) The commissioner may provide for and authorize the transportation and transfer from this state to the service recipient's state of residence of a person with mental illness or serious emotional disturbance who is a resident of a state not party to the Interstate Compact on Mental Health, codified in § 33-9-201 , if the nonparty state has reciprocal statutes conferring similar authority and if the service recipient meets the applicable standards for service under this title other than any requirement of being a state resident. (b) (1) Subject to the availability of suitable accommodations, a nonresident person with mental illness or serious emotional disturbance may be hospitalized or admitted under this title for observation, diagnosis and treatment, but in no case for a period longer than thirty (30) days, pending transfer to the state of residence. (2) However, the commissioner may designate certain nonresident persons with mental illness or serious emotional disturbance, not to exceed a total of one hundred (100), as "commissioner's service recipients," who because of their nonresident status in Tennessee are not entitled to hospitalization or admission in this state, but who, having families residing in the state, may be eligible for psychiatric hospitalization or admission, care and treatment for compassionate reasons. Amended by 2024 Tenn. Acts, ch. 688,s 69, eff. 7/1/2024. Acts 1955, ch. 187, § 1; 1965, ch. 38, § 26; 1965, ch. 295, § 1; 1974, ch. 802, § 32; 1975, ch. 248, § 1; T.C.A., §§ 33-319, 33-1101; Acts 2000, ch. 947, § 1.
(a) The commissioner may provide for and authorize the transportation and transfer from this state to the service recipient's state of residence of a person with mental illness or serious emotional disturbance who is a resident of a state not party to the Interstate Compact on Mental Health, codified in § 33-9-201 , if the nonparty state has reciprocal statutes conferring similar authority and if the service recipient meets the applicable standards for service under this title other than any requirement of being a state resident.
(b) (1) Subject to the availability of suitable accommodations, a nonresident person with mental illness or serious emotional disturbance may be hospitalized or admitted under this title for observation, diagnosis and treatment, but in no case for a period longer than thirty (30) days, pending transfer to the state of residence. (2) However, the commissioner may designate certain nonresident persons with mental illness or serious emotional disturbance, not to exceed a total of one hundred (100), as "commissioner's service recipients," who because of their nonresident status in Tennessee are not entitled to hospitalization or admission in this state, but who, having families residing in the state, may be eligible for psychiatric hospitalization or admission, care and treatment for compassionate reasons.
(1) Subject to the availability of suitable accommodations, a nonresident person with mental illness or serious emotional disturbance may be hospitalized or admitted under this title for observation, diagnosis and treatment, but in no case for a period longer than thirty (30) days, pending transfer to the state of residence.
(2) However, the commissioner may designate certain nonresident persons with mental illness or serious emotional disturbance, not to exceed a total of one hundred (100), as "commissioner's service recipients," who because of their nonresident status in Tennessee are not entitled to hospitalization or admission in this state, but who, having families residing in the state, may be eligible for psychiatric hospitalization or admission, care and treatment for compassionate reasons.
Amended by 2024 Tenn. Acts, ch. 688,s 69, eff. 7/1/2024.
Acts 1955, ch. 187, § 1; 1965, ch. 38, § 26; 1965, ch. 295, § 1; 1974, ch. 802, § 32; 1975, ch. 248, § 1; T.C.A., §§ 33-319, 33-1101; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-302 — TN Code / Title 33 / Chapter 8 / Section 33-8-302
Electroconvulsive therapy - When authorized for child with mania or severe depression
Status: in_force

IF AND ONLY IF (1) a child has mania or severe depression, AND (2) (A) all other accepted methods of therapy have been exhausted, OR (B) electroconvulsive or other convulsive therapy is necessary to save the child's life due to potential suicide, or to prevent irreparable injury resulting from conditions such as starvation, dehydration, or physical exhaustion bordering on serious collapse to the extent the conditions are life threatening, AND (3) the service provider to perform the therapy has convened a multi-disciplinary review team of at least five (5) persons, at least one (1) of whom is independent of the service provider, AND (4) the multi-disciplinary review team has approved the electroconvulsive or other convulsive therapy, AND (5) an American Board of Psychiatry and Neurology certified psychiatrist, who is child and adolescent certified, approves the therapy, THEN (6) the approved convulsive therapy may be necessary for the child for purposes of this part. Acts 2000, ch. 947, § 1.
IF AND ONLY IF
(1) a child has mania or severe depression, AND
(2) (A) all other accepted methods of therapy have been exhausted, OR (B) electroconvulsive or other convulsive therapy is necessary to save the child's life due to potential suicide, or to prevent irreparable injury resulting from conditions such as starvation, dehydration, or physical exhaustion bordering on serious collapse to the extent the conditions are life threatening, AND
(A) all other accepted methods of therapy have been exhausted, OR
(B) electroconvulsive or other convulsive therapy is necessary to save the child's life due to potential suicide, or to prevent irreparable injury resulting from conditions such as starvation, dehydration, or physical exhaustion bordering on serious collapse to the extent the conditions are life threatening, AND
(3) the service provider to perform the therapy has convened a multi-disciplinary review team of at least five (5) persons, at least one (1) of whom is independent of the service provider, AND
(4) the multi-disciplinary review team has approved the electroconvulsive or other convulsive therapy, AND
(5) an American Board of Psychiatry and Neurology certified psychiatrist, who is child and adolescent certified, approves the therapy, THEN
THEN
(6) the approved convulsive therapy may be necessary for the child for purposes of this part.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-9-108 — TN Code / Title 33 / Chapter 9 / Section 33-9-108
Statute of limitations
Status: in_force

Any proceedings under this part shall begin within one (1) year after the flight referred to in this part. Acts 1917, ch. 115, § 5; Shan., § 5499a11; Code 1932, § 9669; T.C.A. (orig. ed.), § 33-1010; Acts 1985, ch. 437, § 29; 2000, ch. 947, § 1.
Any proceedings under this part shall begin within one (1) year after the flight referred to in this part.
Acts 1917, ch. 115, § 5; Shan., § 5499a11; Code 1932, § 9669; T.C.A. (orig. ed.), § 33-1010; Acts 1985, ch. 437, § 29; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-411 — TN Code / Title 33 / Chapter 6 / Section 33-6-411
Admission of detainee to private or local facility with contractual relationship with state
Status: in_force

IF (1) the chief officer of a licensed private or local public hospital or treatment resource determines that the person is subject to admission under § 33-6-403 and has the required certificates of need, AND (2) the facility has contracted with the state to serve persons in the region, THEN (3) the facility shall admit and detain the person in conformity with its obligations under its contract with the state for emergency diagnosis, evaluation and treatment. Acts 2000, ch. 947, § 1.
IF
(1) the chief officer of a licensed private or local public hospital or treatment resource determines that the person is subject to admission under § 33-6-403 and has the required certificates of need, AND
(2) the facility has contracted with the state to serve persons in the region, THEN
THEN
(3) the facility shall admit and detain the person in conformity with its obligations under its contract with the state for emergency diagnosis, evaluation and treatment.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-804 — TN Code / Title 33 / Chapter 3 / Section 33-3-804
Order of discharge
Status: in_force

If the court ordering the discharge is not the court that ordered the commitment or admission, the court shall transmit a certified copy of the order to the court that ordered the commitment or admission. Upon receipt of the copy, the court that ordered the commitment or admission shall enter an order finding that the person has been discharged by order of the court that issued the writ of habeas corpus. Acts 2000, ch. 947, § 1.
If the court ordering the discharge is not the court that ordered the commitment or admission, the court shall transmit a certified copy of the order to the court that ordered the commitment or admission. Upon receipt of the copy, the court that ordered the commitment or admission shall enter an order finding that the person has been discharged by order of the court that issued the writ of habeas corpus.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-402 — TN Code / Title 33 / Chapter 5 / Section 33-5-402
[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.