Tenn. Code Ann. § 33-11-104 — TN Code / Title 33 / Chapter 11 / Section 33-11-104
Staff to council - Executive director
Status: in_force

(a) (1) The department shall serve as staff to the council and shall recommend to the council a candidate to serve as executive director of the council. (2) If a majority of the council votes to decline the department's recommendation within fourteen (14) calendar days of receiving the recommendation, the department shall submit a new candidate. (3) If a majority of the council either votes in favor of the department's recommendation or does not decline the recommendation in accordance with subdivision (a)(2), the candidate may be hired as the director and shall be an employee of the department. (b) The director must be a full-time position. The commissioner may recommend that a current department employee serve as the director, subject to subsection (a). The commissioner shall establish the director's salary and other compensation, which shall be no more than the department's highest-paid assistant commissioner. The director's salary and compensation shall be paid from the opioid abatement fund, as shall the salaries and compensation of other council staff and department employees the commissioner deems necessary to administer the council. The commissioner may hire two (2) full-time employees to staff the council in addition to the director and hire additional staff upon approval of the council. Salaries and compensation levels shall be comparable to department employees doing similar work. New or additional department costs and all expenditures related to the council shall be paid from the opioid abatement fund and not the general fund. The commissioner shall provide reports as the council may require on staffing, salaries, compensation, and other costs and expenditures related to the council. Added by 2021 Tenn. Acts, ch. 491, s 7, eff. 5/24/2021.
(a) (1) The department shall serve as staff to the council and shall recommend to the council a candidate to serve as executive director of the council. (2) If a majority of the council votes to decline the department's recommendation within fourteen (14) calendar days of receiving the recommendation, the department shall submit a new candidate. (3) If a majority of the council either votes in favor of the department's recommendation or does not decline the recommendation in accordance with subdivision (a)(2), the candidate may be hired as the director and shall be an employee of the department.
(1) The department shall serve as staff to the council and shall recommend to the council a candidate to serve as executive director of the council.
(2) If a majority of the council votes to decline the department's recommendation within fourteen (14) calendar days of receiving the recommendation, the department shall submit a new candidate.
(3) If a majority of the council either votes in favor of the department's recommendation or does not decline the recommendation in accordance with subdivision (a)(2), the candidate may be hired as the director and shall be an employee of the department.
(b) The director must be a full-time position. The commissioner may recommend that a current department employee serve as the director, subject to subsection (a). The commissioner shall establish the director's salary and other compensation, which shall be no more than the department's highest-paid assistant commissioner. The director's salary and compensation shall be paid from the opioid abatement fund, as shall the salaries and compensation of other council staff and department employees the commissioner deems necessary to administer the council. The commissioner may hire two (2) full-time employees to staff the council in addition to the director and hire additional staff upon approval of the council. Salaries and compensation levels shall be comparable to department employees doing similar work. New or additional department costs and all expenditures related to the council shall be paid from the opioid abatement fund and not the general fund. The commissioner shall provide reports as the council may require on staffing, salaries, compensation, and other costs and expenditures related to the council.
Added by 2021 Tenn. Acts, ch. 491, s 7, eff. 5/24/2021.
Tenn. Code Ann. § 33-8-313 — TN Code / Title 33 / Chapter 8 / Section 33-8-313
Appeal
Status: in_force

Any decision of the court under §§ 33-8-305 - 33-8-313 shall be reviewable de novo upon expedited appeal to the circuit court, and the decision of the court from which an appeal is taken shall be stayed pending disposition of the appeal in circuit court. Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(e); Acts 2000, ch. 947, §§ 1, 6.
Any decision of the court under §§ 33-8-305 - 33-8-313 shall be reviewable de novo upon expedited appeal to the circuit court, and the decision of the court from which an appeal is taken shall be stayed pending disposition of the appeal in circuit court.
Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(e); Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-11-101 — TN Code / Title 33 / Chapter 11 / Section 33-11-101
Short title
Status: in_force

This chapter is known and may be cited as the "Opioid Abatement Council Act." Added by 2021 Tenn. Acts, ch. 491, s 4, eff. 5/24/2021.
This chapter is known and may be cited as the "Opioid Abatement Council Act."
Added by 2021 Tenn. Acts, ch. 491, s 4, eff. 5/24/2021.
Tenn. Code Ann. § 33-6-1013 — TN Code / Title 33 / Chapter 6 / Section 33-6-1013
Destruction or alteration of declaration prohibited - Penalty
Status: in_force

(a) It is an offense for a person, without authorization of the service recipient, intentionally to alter, forge, conceal, or destroy a declaration for mental health treatment, the revocation of a declaration, or any other evidence or document reflecting the service recipient's desires and interests, with the intent or effect of affecting the service recipient's mental health treatment. (b) An offense under this section is a Class A misdemeanor. Acts 2000, ch. 947, § 1.
(a) It is an offense for a person, without authorization of the service recipient, intentionally to alter, forge, conceal, or destroy a declaration for mental health treatment, the revocation of a declaration, or any other evidence or document reflecting the service recipient's desires and interests, with the intent or effect of affecting the service recipient's mental health treatment.
(b) An offense under this section is a Class A misdemeanor.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-4-109 — TN Code / Title 33 / Chapter 4 / Section 33-4-109
Notice of death to next of kin - Notification to office of medical examiner to investigate death - Disposal of unclaimed property after discharge or death
Status: in_force

(a) (1) Upon the death of a person admitted to a facility, the chief officer of the facility shall mail written notice of death to the next of kin, if known, and notify the office of the medical examiner having jurisdiction to investigate the death. (2) Upon the death of a person admitted to a facility under chapter 7 of this title, the chief officer of the facility shall mail written notice of death to the court that entered the order resulting in the admission, mail written notice of death to the next of kin, if known, and notify the office of the medical examiner having jurisdiction to investigate the death. (3) A chief officer of a facility that is required by this subsection (a) to make a notice to the medical examiner having jurisdiction to investigate a death shall make such notice as soon as reasonably practicable, but in no event more than twelve (12) hours after the discovery of the death. A chief officer of a facility shall mail the other notices required by this subsection (a) within ten (10) days of the discovery of the death. (b) Notice of a death shall also be given promptly to the person's legal guardian, legal custodian, or conservator. The administrator, executor or personal representative of the deceased person, or if there is none, one (1) or more of the heirs at law or next of kin, shall be notified by registered mail of the deceased's personal property at the facility at the time of death. Notice to an administrator, executor or personal representative shall be directed to the probate court of the county in which that person is qualified to administer the estate of the deceased. (c) Property left by the deceased person in the facility shall be disposed of pursuant to subsection (e) if, after diligent search and inquiry, none of the persons required to be notified can be found and notified or if the persons notified do not open the estate or otherwise proceed to dispose of the estate in a lawful manner. (d) If a person is discharged and leaves personal property in the facility, the chief officer shall promptly notify the person by registered mail addressed to the person's last known address that the property has been left and is subject to sale under subsection (e) if not claimed. (e) The chief officer shall keep the deceased or discharged person's personal property for six (6) months if it is not claimed. The chief officer shall then sell the property, with the approval of the commissioner, and deposit the proceeds in a fund, maintained under the supervision of the chief officer, for the benefit of needy service recipients. Amended by 2021 Tenn. Acts, ch. 62, Secs.s2, s3 eff. 3/29/2021. Acts 1965, ch. 38, § 25; 1974, ch. 802, § 31; 1975, ch. 248, § 1; 1983, ch. 323, §§ 5, 6; T.C.A., § 33-318; Acts 1996, ch. 1079, § 36; T.C.A., § 33-3-107 ; Acts 2000, ch. 947, §§ 1, 6.
(a) (1) Upon the death of a person admitted to a facility, the chief officer of the facility shall mail written notice of death to the next of kin, if known, and notify the office of the medical examiner having jurisdiction to investigate the death. (2) Upon the death of a person admitted to a facility under chapter 7 of this title, the chief officer of the facility shall mail written notice of death to the court that entered the order resulting in the admission, mail written notice of death to the next of kin, if known, and notify the office of the medical examiner having jurisdiction to investigate the death. (3) A chief officer of a facility that is required by this subsection (a) to make a notice to the medical examiner having jurisdiction to investigate a death shall make such notice as soon as reasonably practicable, but in no event more than twelve (12) hours after the discovery of the death. A chief officer of a facility shall mail the other notices required by this subsection (a) within ten (10) days of the discovery of the death.
(1) Upon the death of a person admitted to a facility, the chief officer of the facility shall mail written notice of death to the next of kin, if known, and notify the office of the medical examiner having jurisdiction to investigate the death.
(2) Upon the death of a person admitted to a facility under chapter 7 of this title, the chief officer of the facility shall mail written notice of death to the court that entered the order resulting in the admission, mail written notice of death to the next of kin, if known, and notify the office of the medical examiner having jurisdiction to investigate the death.
(3) A chief officer of a facility that is required by this subsection (a) to make a notice to the medical examiner having jurisdiction to investigate a death shall make such notice as soon as reasonably practicable, but in no event more than twelve (12) hours after the discovery of the death. A chief officer of a facility shall mail the other notices required by this subsection (a) within ten (10) days of the discovery of the death.
(b) Notice of a death shall also be given promptly to the person's legal guardian, legal custodian, or conservator. The administrator, executor or personal representative of the deceased person, or if there is none, one (1) or more of the heirs at law or next of kin, shall be notified by registered mail of the deceased's personal property at the facility at the time of death. Notice to an administrator, executor or personal representative shall be directed to the probate court of the county in which that person is qualified to administer the estate of the deceased.
(c) Property left by the deceased person in the facility shall be disposed of pursuant to subsection (e) if, after diligent search and inquiry, none of the persons required to be notified can be found and notified or if the persons notified do not open the estate or otherwise proceed to dispose of the estate in a lawful manner.
(d) If a person is discharged and leaves personal property in the facility, the chief officer shall promptly notify the person by registered mail addressed to the person's last known address that the property has been left and is subject to sale under subsection (e) if not claimed.
(e) The chief officer shall keep the deceased or discharged person's personal property for six (6) months if it is not claimed. The chief officer shall then sell the property, with the approval of the commissioner, and deposit the proceeds in a fund, maintained under the supervision of the chief officer, for the benefit of needy service recipients.
Amended by 2021 Tenn. Acts, ch. 62, Secs.s2, s3 eff. 3/29/2021.
Acts 1965, ch. 38, § 25; 1974, ch. 802, § 31; 1975, ch. 248, § 1; 1983, ch. 323, §§ 5, 6; T.C.A., § 33-318; Acts 1996, ch. 1079, § 36; T.C.A., § 33-3-107 ; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-10-301 — TN Code / Title 33 / Chapter 10 / Section 33-10-301
Legislative findings
Status: in_force

The general assembly finds that any proposition to increase the legal drinking age raises many issues and involves many organizations in both the public and private sector. First, a disproportionate number of fatal highway accidents involve both people under twenty-five (25) years of age and the use of alcoholic beverages. Second, the public school system is not consistently using a curriculum that emphasizes the effects of alcoholic beverages on individuals and their communities. Third, resources for early intervention programs for high-risk children who abuse alcoholic beverages are widely scattered and often unavailable to many children. Fourth, the state does not presently operate or have a contractual relationship for residential treatment facilities for the care and treatment of children who abuse alcoholic beverages and other drugs. Fifth, sanctions for present violations of the Tennessee alcoholic beverage and beer licensing statutes concerning sales to minors are often not imposed, because of varying standards, as well as a lack of knowledge on the part of licensing authorities. Acts 1985, ch. 443, § 1; 1993, ch. 234, § 7; T.C.A., § 33-8-401; Acts 2009, ch. 186, § 24; T.C.A. § 68-24-401 .
The general assembly finds that any proposition to increase the legal drinking age raises many issues and involves many organizations in both the public and private sector. First, a disproportionate number of fatal highway accidents involve both people under twenty-five (25) years of age and the use of alcoholic beverages. Second, the public school system is not consistently using a curriculum that emphasizes the effects of alcoholic beverages on individuals and their communities. Third, resources for early intervention programs for high-risk children who abuse alcoholic beverages are widely scattered and often unavailable to many children. Fourth, the state does not presently operate or have a contractual relationship for residential treatment facilities for the care and treatment of children who abuse alcoholic beverages and other drugs. Fifth, sanctions for present violations of the Tennessee alcoholic beverage and beer licensing statutes concerning sales to minors are often not imposed, because of varying standards, as well as a lack of knowledge on the part of licensing authorities.
Acts 1985, ch. 443, § 1; 1993, ch. 234, § 7; T.C.A., § 33-8-401; Acts 2009, ch. 186, § 24; T.C.A. § 68-24-401 .
Tenn. Code Ann. § 33-6-402 — TN Code / Title 33 / Chapter 6 / Section 33-6-402
Detention without warrant authorized
Status: in_force

If an officer authorized to make arrests in the state, a licensed physician, a psychologist authorized under § 33-6-427(a) , or a professional designated by the commissioner under § 33-6-427(b) has reason to believe that a person is subject to detention under § 33-6-401 , then the officer, physician, psychologist, or designated professional may take the person into custody without a civil order or warrant for immediate examination under § 33-6-404 for certification of need for care and treatment. Acts 2000, ch. 947, § 1.
If an officer authorized to make arrests in the state, a licensed physician, a psychologist authorized under § 33-6-427(a) , or a professional designated by the commissioner under § 33-6-427(b) has reason to believe that a person is subject to detention under § 33-6-401 , then the officer, physician, psychologist, or designated professional may take the person into custody without a civil order or warrant for immediate examination under § 33-6-404 for certification of need for care and treatment.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-701 — TN Code / Title 33 / Chapter 2 / Section 33-2-701
Short title
Status: in_force

This part shall be known and may be cited as the "Community Mental Health Center Cooperation Act of 1998." Acts 1998, ch. 1005, § 1; T.C.A., § 33-2-901 ; Acts 2000, ch. 947, § 1.
This part shall be known and may be cited as the "Community Mental Health Center Cooperation Act of 1998."
Acts 1998, ch. 1005, § 1; T.C.A., § 33-2-901 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-303 — TN Code / Title 33 / Chapter 1 / Section 33-1-303
Powers of commissioner
Status: in_force

The commissioner may: (1) Select and recommend to the appropriate state officials the employment of the chief officers of all facilities of the department, all central office personnel, and all professional, technical and other personnel required for the operation of the department; (2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department; (3) Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with mental illness or serious emotional disturbance; (4) Publish a report on the operation of the department and the facilities and programs under its supervision and the department's three-year plan; furnish the report and plan to the governor and members of the general assembly; and further distribute them as the commissioner, with the approval of the governor, may consider proper; (5) Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults and mental health service recipients and make the compilations available in print and on the internet; (6) Prescribe and distribute the forms to be used in connection with the admission, hospitalization or release of service recipients in the department's facilities; (7) Alter the department's facilities and grounds and name them; (8) Order the transfer of service recipients between state facilities; (9) Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by service recipients and others that are alleged to arise out of acts of omission or commission of those personnel; (10) Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department; and (11) Assume general responsibility for the proper and efficient operation of the department, its facilities, services and supports. Amended by 2024 Tenn. Acts, ch. 688,s 17, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 16, eff. 7/1/2024. Acts 1965, ch. 82, §§ 4, 7; 1974, ch. 802, §§ 4, 7; 1975, ch. 248, § 1; T.C.A., §§ 33-104, 33-107; Acts 1990, ch. 1024, § 17; 1992, ch. 991, § 12; T.C.A., § 33-1-203 , former § 33-1-303 ; Acts 2000, ch. 947, §§ 1, 6.
The commissioner may:
(1) Select and recommend to the appropriate state officials the employment of the chief officers of all facilities of the department, all central office personnel, and all professional, technical and other personnel required for the operation of the department;
(2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department;
(3) Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with mental illness or serious emotional disturbance;
(4) Publish a report on the operation of the department and the facilities and programs under its supervision and the department's three-year plan; furnish the report and plan to the governor and members of the general assembly; and further distribute them as the commissioner, with the approval of the governor, may consider proper;
(5) Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults and mental health service recipients and make the compilations available in print and on the internet;
(6) Prescribe and distribute the forms to be used in connection with the admission, hospitalization or release of service recipients in the department's facilities;
(7) Alter the department's facilities and grounds and name them;
(8) Order the transfer of service recipients between state facilities;
(9) Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by service recipients and others that are alleged to arise out of acts of omission or commission of those personnel;
(10) Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department; and
(11) Assume general responsibility for the proper and efficient operation of the department, its facilities, services and supports.
Amended by 2024 Tenn. Acts, ch. 688,s 17, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 16, eff. 7/1/2024.
Acts 1965, ch. 82, §§ 4, 7; 1974, ch. 802, §§ 4, 7; 1975, ch. 248, § 1; T.C.A., §§ 33-104, 33-107; Acts 1990, ch. 1024, § 17; 1992, ch. 991, § 12; T.C.A., § 33-1-203 , former § 33-1-303 ; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-7-102 — TN Code / Title 33 / Chapter 7 / Section 33-7-102
Credit toward sentence - Release
Status: in_force

(a) Whenever a person is hospitalized or receives evaluation or treatment services under this chapter in connection with a criminal charge or conviction, wherever incarcerated, the person shall receive credit toward the satisfaction of the sentence for the time spent in the custody of the commissioner. (b) When a person has been transferred from the department of correction to the custody of the commissioner, the person shall be released from the custody of the commissioner at the expiration of the sentence unless a judicial hospitalization order has been entered with respect to the person. Acts 1974, ch. 464, § 1; 1976, ch. 763, § 8; T.C.A., § 33-713; Acts 2000, ch. 947, § 1.
(a) Whenever a person is hospitalized or receives evaluation or treatment services under this chapter in connection with a criminal charge or conviction, wherever incarcerated, the person shall receive credit toward the satisfaction of the sentence for the time spent in the custody of the commissioner.
(b) When a person has been transferred from the department of correction to the custody of the commissioner, the person shall be released from the custody of the commissioner at the expiration of the sentence unless a judicial hospitalization order has been entered with respect to the person.
Acts 1974, ch. 464, § 1; 1976, ch. 763, § 8; T.C.A., § 33-713; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-413 — TN Code / Title 33 / Chapter 6 / Section 33-6-413
Notice of admission to general sessions court - Notice of defendant's rights and status
Status: in_force

(a) The chief officer, upon admission of the person, shall notify the judge of the general sessions court where the hospital or treatment resource is located, by telephone or in person, and shall provide the information from the certificates of need or the one (1) certificate of need executed pursuant to § 33-6-426(b) and such other information as the court may desire, that is in the possession of the hospital or treatment resource, bearing on the condition of the person. If the general sessions court finds that there is probable cause to believe that the defendant is subject to admission to a hospital or treatment resource under § 33-6-403 , then the court may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays, and holidays, for emergency diagnosis, evaluation, and treatment pending a probable cause hearing under § 33-6-422 . If the court does not order the defendant admitted, then the defendant must be released. (b) The court shall cause a notice containing the information described in this subsection (b) to be mailed to the defendant, the defendant's attorney, the chief officer of the hospital or treatment resource and the parent, legal guardian, conservator, spouse or adult next of kin of the defendant. The notice shall contain the following information: (1) The time and place of the probable cause hearing; (2) The defendant's rights, including, but not limited to, right to counsel, right to waive a hearing, right to confront and cross-examine witnesses, and right to be protected from compelled self-incrimination; (3) The status of the defendant if judicially committed, including, but not limited to: (A) The person's prohibition against purchasing a firearm under § 39-17-1316 ; (B) The person's prohibition against obtaining a handgun carry permit under § 39-17-1351 or § 39-17-1366 ; and (C) The suspension or revocation of a handgun carry permit under § 39-17-1352 once judicially committed to a hospital or treatment resource pursuant to this title; (4) The person's right to appeal the prohibition against purchasing a firearm pursuant to § 39-17-1316 ; and (5) The person's right to appeal the denial of a handgun carry permit pursuant to §§ 39-17-1352 , 39-17-1353 , and 39-17-1354 . Amended by 2023 Tenn. Acts, ch. 199, s 5, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 479, s 13, eff. 1/1/2020. Acts 2000, ch. 947, § 1; 2009 ch. 578, § 7.
(a) The chief officer, upon admission of the person, shall notify the judge of the general sessions court where the hospital or treatment resource is located, by telephone or in person, and shall provide the information from the certificates of need or the one (1) certificate of need executed pursuant to § 33-6-426(b) and such other information as the court may desire, that is in the possession of the hospital or treatment resource, bearing on the condition of the person. If the general sessions court finds that there is probable cause to believe that the defendant is subject to admission to a hospital or treatment resource under § 33-6-403 , then the court may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays, and holidays, for emergency diagnosis, evaluation, and treatment pending a probable cause hearing under § 33-6-422 . If the court does not order the defendant admitted, then the defendant must be released.
(b) The court shall cause a notice containing the information described in this subsection (b) to be mailed to the defendant, the defendant's attorney, the chief officer of the hospital or treatment resource and the parent, legal guardian, conservator, spouse or adult next of kin of the defendant. The notice shall contain the following information: (1) The time and place of the probable cause hearing; (2) The defendant's rights, including, but not limited to, right to counsel, right to waive a hearing, right to confront and cross-examine witnesses, and right to be protected from compelled self-incrimination; (3) The status of the defendant if judicially committed, including, but not limited to: (A) The person's prohibition against purchasing a firearm under § 39-17-1316 ; (B) The person's prohibition against obtaining a handgun carry permit under § 39-17-1351 or § 39-17-1366 ; and (C) The suspension or revocation of a handgun carry permit under § 39-17-1352 once judicially committed to a hospital or treatment resource pursuant to this title; (4) The person's right to appeal the prohibition against purchasing a firearm pursuant to § 39-17-1316 ; and (5) The person's right to appeal the denial of a handgun carry permit pursuant to §§ 39-17-1352 , 39-17-1353 , and 39-17-1354 .
(1) The time and place of the probable cause hearing;
(2) The defendant's rights, including, but not limited to, right to counsel, right to waive a hearing, right to confront and cross-examine witnesses, and right to be protected from compelled self-incrimination;
(3) The status of the defendant if judicially committed, including, but not limited to: (A) The person's prohibition against purchasing a firearm under § 39-17-1316 ; (B) The person's prohibition against obtaining a handgun carry permit under § 39-17-1351 or § 39-17-1366 ; and (C) The suspension or revocation of a handgun carry permit under § 39-17-1352 once judicially committed to a hospital or treatment resource pursuant to this title;
(A) The person's prohibition against purchasing a firearm under § 39-17-1316 ;
(B) The person's prohibition against obtaining a handgun carry permit under § 39-17-1351 or § 39-17-1366 ; and
(C) The suspension or revocation of a handgun carry permit under § 39-17-1352 once judicially committed to a hospital or treatment resource pursuant to this title;
(4) The person's right to appeal the prohibition against purchasing a firearm pursuant to § 39-17-1316 ; and
(5) The person's right to appeal the denial of a handgun carry permit pursuant to §§ 39-17-1352 , 39-17-1353 , and 39-17-1354 .
Amended by 2023 Tenn. Acts, ch. 199, s 5, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 479, s 13, eff. 1/1/2020.
Acts 2000, ch. 947, § 1; 2009 ch. 578, § 7.
Tenn. Code Ann. § 33-3-801 — TN Code / Title 33 / Chapter 3 / Section 33-3-801
Right to file for writ of habeas corpus
Status: in_force

Any person with mental illness or serious emotional disturbance in a public or private residential facility for persons with mental illness or serious emotional disturbance is entitled to file for a writ of habeas corpus upon petition by the person with mental illness or serious emotional disturbance or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person with mental illness or serious emotional disturbance is detained. Amended by 2024 Tenn. Acts, ch. 688,s 78, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
Any person with mental illness or serious emotional disturbance in a public or private residential facility for persons with mental illness or serious emotional disturbance is entitled to file for a writ of habeas corpus upon petition by the person with mental illness or serious emotional disturbance or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person with mental illness or serious emotional disturbance is detained.
Amended by 2024 Tenn. Acts, ch. 688,s 78, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-305 — TN Code / Title 33 / Chapter 6 / Section 33-6-305
Extended detention after confirmation of initial finding
Status: in_force

IF AND ONLY IF (1) another physician examines the person and confirms the determination of the first examining physician under § 33-6-304 within twelve (12) hours after the time the person arrived, AND (2) the person is admitted to an extended observation bed for observation, care, and treatment, THEN (3) the person may be detained under this part for up to seventy-two (72) hours from the time the person arrived at the treatment resource. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 37.
IF AND ONLY IF
(1) another physician examines the person and confirms the determination of the first examining physician under § 33-6-304 within twelve (12) hours after the time the person arrived, AND
(2) the person is admitted to an extended observation bed for observation, care, and treatment, THEN
THEN
(3) the person may be detained under this part for up to seventy-two (72) hours from the time the person arrived at the treatment resource.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 37.
Tenn. Code Ann. § 33-2-1403 — TN Code / Title 33 / Chapter 2 / Section 33-2-1403
Prohibited marketing practices for recovery residences
Status: in_force

(a) A recovery residence shall not engage in any of the following marketing practices: (1) Making a materially false or misleading statement or providing materially false or misleading information about the residence's identity, products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its website; (2) Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website; (3) Soliciting, receiving, or making an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engaging or making an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgement of treatment from a service provider of alcohol and drug services or ADTF; or (4) Entering into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a service provider of alcohol and drug services or in an ADTF through a call center or a web-based presence. This subdivision (a)(4) does not apply if the service provider of alcohol and drug services or the operator of the ADTF discloses to the prospective patient, so that the patient can make an informed healthcare decision, in clear and concise language and instructions that allow the prospective patient to easily determine whether the marketing provider represents specific service providers or recovery residences that pay a fee to the marketing provider, and the identity of the service providers of alcohol and drug services or ADTF. (b) In addition to any other punishment authorized by law, a person or entity that knowingly violates this section is subject to: (1) Suspension or revocation of the recovery residence's status as an approved recovery residence for purposes of the list maintained by the department of mental health and substance abuse services pursuant to § 33-2-1402(a) ; and (2) Action by the attorney general and reporter or a person described in § 47-18-109(a)(1) under the Tennessee Consumer Protection Act of 1977, as compiled in title 47, chapter 18, part 1. Added by 2021 Tenn. Acts, ch. 309, s 5, eff. 7/1/2022.
(a) A recovery residence shall not engage in any of the following marketing practices: (1) Making a materially false or misleading statement or providing materially false or misleading information about the residence's identity, products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its website; (2) Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website; (3) Soliciting, receiving, or making an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engaging or making an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgement of treatment from a service provider of alcohol and drug services or ADTF; or (4) Entering into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a service provider of alcohol and drug services or in an ADTF through a call center or a web-based presence. This subdivision (a)(4) does not apply if the service provider of alcohol and drug services or the operator of the ADTF discloses to the prospective patient, so that the patient can make an informed healthcare decision, in clear and concise language and instructions that allow the prospective patient to easily determine whether the marketing provider represents specific service providers or recovery residences that pay a fee to the marketing provider, and the identity of the service providers of alcohol and drug services or ADTF.
(1) Making a materially false or misleading statement or providing materially false or misleading information about the residence's identity, products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its website;
(2) Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website;
(3) Soliciting, receiving, or making an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engaging or making an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgement of treatment from a service provider of alcohol and drug services or ADTF; or
(4) Entering into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a service provider of alcohol and drug services or in an ADTF through a call center or a web-based presence. This subdivision (a)(4) does not apply if the service provider of alcohol and drug services or the operator of the ADTF discloses to the prospective patient, so that the patient can make an informed healthcare decision, in clear and concise language and instructions that allow the prospective patient to easily determine whether the marketing provider represents specific service providers or recovery residences that pay a fee to the marketing provider, and the identity of the service providers of alcohol and drug services or ADTF.
(b) In addition to any other punishment authorized by law, a person or entity that knowingly violates this section is subject to: (1) Suspension or revocation of the recovery residence's status as an approved recovery residence for purposes of the list maintained by the department of mental health and substance abuse services pursuant to § 33-2-1402(a) ; and (2) Action by the attorney general and reporter or a person described in § 47-18-109(a)(1) under the Tennessee Consumer Protection Act of 1977, as compiled in title 47, chapter 18, part 1.
(1) Suspension or revocation of the recovery residence's status as an approved recovery residence for purposes of the list maintained by the department of mental health and substance abuse services pursuant to § 33-2-1402(a) ; and
(2) Action by the attorney general and reporter or a person described in § 47-18-109(a)(1) under the Tennessee Consumer Protection Act of 1977, as compiled in title 47, chapter 18, part 1.
Added by 2021 Tenn. Acts, ch. 309, s 5, eff. 7/1/2022.
Tenn. Code Ann. § 33-3-103 — TN Code / Title 33 / Chapter 3 / Section 33-3-103
Confidentiality of mental health records
Status: in_force

All applications, certificates, records, reports, legal documents, and pleadings made and all information provided or received in connection with services applied for, provided under, or regulated under this title and directly or indirectly identifying a service recipient or former service recipient shall be kept confidential and shall not be disclosed by any person except in compliance with this part. Acts 2000, ch. 947, § 1.
All applications, certificates, records, reports, legal documents, and pleadings made and all information provided or received in connection with services applied for, provided under, or regulated under this title and directly or indirectly identifying a service recipient or former service recipient shall be kept confidential and shall not be disclosed by any person except in compliance with this part.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-202 — TN Code / Title 33 / Chapter 1 / Section 33-1-202
Statement of values underlying title
Status: in_force

Values upon which the law is predicated include, but are not limited to, individual rights, promotion of self-determination, respect, optimal health and safety, service recipient inclusion in the community, and service recipient life and service in typical community settings. Acts 2000, ch. 947, § 1.
Values upon which the law is predicated include, but are not limited to, individual rights, promotion of self-determination, respect, optimal health and safety, service recipient inclusion in the community, and service recipient life and service in typical community settings.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-801 — TN Code / Title 33 / Chapter 6 / Section 33-6-801
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Sex crime" means any offense involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child of fourteen (14) years of age or under or incest, a crime against nature, assault with intent to commit rape or rape; and (2) "Sex offender" means any person who has been convicted of a crime involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child of fourteen (14) years of age or under or any person convicted of incest, a crime against nature, assault with intent to commit rape or rape. Acts 1957, ch. 288, § 1; 1963, ch. 315, §§ 1, 2; 1975, ch. 248, § 1; 1977, ch. 449, §§ 1, 2; 1981, ch. 224, § 25; T.C.A., §§ 33-1301, 33-6-301; Acts 2000, ch. 947, §§ 1, 6.
As used in this part, unless the context otherwise requires:
(1) "Sex crime" means any offense involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child of fourteen (14) years of age or under or incest, a crime against nature, assault with intent to commit rape or rape; and
(2) "Sex offender" means any person who has been convicted of a crime involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child of fourteen (14) years of age or under or any person convicted of incest, a crime against nature, assault with intent to commit rape or rape.
Acts 1957, ch. 288, § 1; 1963, ch. 315, §§ 1, 2; 1975, ch. 248, § 1; 1977, ch. 449, §§ 1, 2; 1981, ch. 224, § 25; T.C.A., §§ 33-1301, 33-6-301; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-9-107 — TN Code / Title 33 / Chapter 9 / Section 33-9-107
Governor may demand return of fugitives
Status: in_force

The executive authority is vested with the power, on the application of any person interested, to demand the return to this state of any fugitive under this part. Acts 1917, ch. 115, § 4; Shan., § 5499a10; Code 1932, § 9668; T.C.A. (orig. ed.), § 33-1009; Acts 2000, ch. 947, § 1.
The executive authority is vested with the power, on the application of any person interested, to demand the return to this state of any fugitive under this part.
Acts 1917, ch. 115, § 4; Shan., § 5499a10; Code 1932, § 9668; T.C.A. (orig. ed.), § 33-1009; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-103 — TN Code / Title 33 / Chapter 10 / Section 33-10-103
Policy
Status: in_force

(a) Alcoholism and drug dependence are addictive disorders and are recognized and declared to be primary, progressive and chronic diseases and a public health problem affecting the general welfare and economy of the state. The need for proper and sufficient facilities, programs and procedures within the state for the control and treatment and rehabilitation and recovery of alcohol and drug dependent persons is recognized. It is declared that the procedures for the securing of services for such persons are not punitive but rather are for the purpose of treatment of an illness affecting not only the individual involved but also the public welfare. (b) The policy of the state with reference to alcoholism and drug dependence is declared to be as follows: (1) The prevention of alcoholism and drug dependence should be accomplished in a number of ways, including public education concerning the causes, symptoms and nature of alcoholism and drug dependence. In order to so educate the public, the department shall prepare and distribute suitable educational material to the schools and interested members of the public, render assistance to suitable local agencies and provide activities promoting public interest in and information about substance abuse and dependence; (2) As a component of the program described in subdivision (b)(1), the department, in coordination with the department of education, shall increase efforts to educate and raise public awareness of the dangers of methamphetamine manufacture and abuse, including, but not limited to, distribution of public information materials designed to oppose methamphetamine abuse and shall direct persons suffering from the effects of methamphetamine abuse to proper treatment resources; (3) (A) Programs for assisting the rehabilitation of alcohol and drug dependent persons are properly instituted, financed, and sponsored locally by interested citizens or agencies organized to: (i) Meet the particular needs of each local community; and (ii) Utilize the available personnel and facilities in each local community; (B) It is the policy of the state to render needed advice, guidance and assistance in the organization and conduct of such approved local facilities and to supplement local efforts and financing by providing personnel and matching grants or funds; and (4) Individuals who receive alcohol or drug abuse services should be required to pay the reasonable cost of counseling, assistance, treatment or rehabilitation furnished to them; however, no one should be refused assistance because of the inability to pay for such services. Acts 1973, ch. 295, § 2; 1975, ch. 248, §§ 1, 28; 1981, ch. 224, § 18; T.C.A., § 33-802; Acts 1993, ch. 234, § 3; T.C.A., § 33-8-102 ; Acts 2005, ch. 18, § 3; 2009, ch. 186, § 17; T.C.A. § 68-24-103 .
(a) Alcoholism and drug dependence are addictive disorders and are recognized and declared to be primary, progressive and chronic diseases and a public health problem affecting the general welfare and economy of the state. The need for proper and sufficient facilities, programs and procedures within the state for the control and treatment and rehabilitation and recovery of alcohol and drug dependent persons is recognized. It is declared that the procedures for the securing of services for such persons are not punitive but rather are for the purpose of treatment of an illness affecting not only the individual involved but also the public welfare.
(b) The policy of the state with reference to alcoholism and drug dependence is declared to be as follows: (1) The prevention of alcoholism and drug dependence should be accomplished in a number of ways, including public education concerning the causes, symptoms and nature of alcoholism and drug dependence. In order to so educate the public, the department shall prepare and distribute suitable educational material to the schools and interested members of the public, render assistance to suitable local agencies and provide activities promoting public interest in and information about substance abuse and dependence; (2) As a component of the program described in subdivision (b)(1), the department, in coordination with the department of education, shall increase efforts to educate and raise public awareness of the dangers of methamphetamine manufacture and abuse, including, but not limited to, distribution of public information materials designed to oppose methamphetamine abuse and shall direct persons suffering from the effects of methamphetamine abuse to proper treatment resources; (3) (A) Programs for assisting the rehabilitation of alcohol and drug dependent persons are properly instituted, financed, and sponsored locally by interested citizens or agencies organized to: (i) Meet the particular needs of each local community; and (ii) Utilize the available personnel and facilities in each local community; (B) It is the policy of the state to render needed advice, guidance and assistance in the organization and conduct of such approved local facilities and to supplement local efforts and financing by providing personnel and matching grants or funds; and (4) Individuals who receive alcohol or drug abuse services should be required to pay the reasonable cost of counseling, assistance, treatment or rehabilitation furnished to them; however, no one should be refused assistance because of the inability to pay for such services.
(1) The prevention of alcoholism and drug dependence should be accomplished in a number of ways, including public education concerning the causes, symptoms and nature of alcoholism and drug dependence. In order to so educate the public, the department shall prepare and distribute suitable educational material to the schools and interested members of the public, render assistance to suitable local agencies and provide activities promoting public interest in and information about substance abuse and dependence;
(2) As a component of the program described in subdivision (b)(1), the department, in coordination with the department of education, shall increase efforts to educate and raise public awareness of the dangers of methamphetamine manufacture and abuse, including, but not limited to, distribution of public information materials designed to oppose methamphetamine abuse and shall direct persons suffering from the effects of methamphetamine abuse to proper treatment resources;
(3) (A) Programs for assisting the rehabilitation of alcohol and drug dependent persons are properly instituted, financed, and sponsored locally by interested citizens or agencies organized to: (i) Meet the particular needs of each local community; and (ii) Utilize the available personnel and facilities in each local community; (B) It is the policy of the state to render needed advice, guidance and assistance in the organization and conduct of such approved local facilities and to supplement local efforts and financing by providing personnel and matching grants or funds; and
(A) Programs for assisting the rehabilitation of alcohol and drug dependent persons are properly instituted, financed, and sponsored locally by interested citizens or agencies organized to: (i) Meet the particular needs of each local community; and (ii) Utilize the available personnel and facilities in each local community;
(i) Meet the particular needs of each local community; and
(ii) Utilize the available personnel and facilities in each local community;
(B) It is the policy of the state to render needed advice, guidance and assistance in the organization and conduct of such approved local facilities and to supplement local efforts and financing by providing personnel and matching grants or funds; and
(4) Individuals who receive alcohol or drug abuse services should be required to pay the reasonable cost of counseling, assistance, treatment or rehabilitation furnished to them; however, no one should be refused assistance because of the inability to pay for such services.
Acts 1973, ch. 295, § 2; 1975, ch. 248, §§ 1, 28; 1981, ch. 224, § 18; T.C.A., § 33-802; Acts 1993, ch. 234, § 3; T.C.A., § 33-8-102 ; Acts 2005, ch. 18, § 3; 2009, ch. 186, § 17; T.C.A. § 68-24-103 .
Tenn. Code Ann. § 33-6-424 — TN Code / Title 33 / Chapter 6 / Section 33-6-424
Release of defendant if chief officer determines certificates of need not supported by facts
Status: in_force

If the chief officer determines that the defendant's condition does not support the filing of the certificates required by § 33-6-422 , the chief officer shall release the defendant. The chief officer shall release the defendant five (5) days, excluding Saturdays, Sundays, and holidays, from the date of the general sessions court's original order to hold the defendant, unless the general sessions court has ordered the defendant's further care and treatment under § 33-6-422 or the defendant has been committed under chapter 6, part 5 of this title. The chief officer shall release the defendant not later than fifteen (15) days after the probable cause hearing unless a complaint is filed under chapter 6, part 5, within the fifteen (15) days. Acts 2000, ch. 947, § 1.
If the chief officer determines that the defendant's condition does not support the filing of the certificates required by § 33-6-422 , the chief officer shall release the defendant. The chief officer shall release the defendant five (5) days, excluding Saturdays, Sundays, and holidays, from the date of the general sessions court's original order to hold the defendant, unless the general sessions court has ordered the defendant's further care and treatment under § 33-6-422 or the defendant has been committed under chapter 6, part 5 of this title. The chief officer shall release the defendant not later than fifteen (15) days after the probable cause hearing unless a complaint is filed under chapter 6, part 5, within the fifteen (15) days.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-108 — TN Code / Title 33 / Chapter 5 / Section 33-5-108
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 797, s 9, eff. 4/14/2016. Acts 2001, ch. 137, § 1; 2002, ch. 730, § 26; 2009 , ch. 477, § 1; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 41.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 797, s 9, eff. 4/14/2016.
Acts 2001, ch. 137, § 1; 2002, ch. 730, § 26; 2009 , ch. 477, § 1; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 41.
Tenn. Code Ann. § 33-8-203 — TN Code / Title 33 / Chapter 8 / Section 33-8-203
Parents, custodians and guardians to participate in child's outpatient treatment plan
Status: in_force

Parents, legal custodians, and legal guardians shall participate in mandatory outpatient treatment discharge planning and do what is necessary to carry out the child's plan. Acts 2000, ch. 947, § 1.
Parents, legal custodians, and legal guardians shall participate in mandatory outpatient treatment discharge planning and do what is necessary to carry out the child's plan.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-104 — TN Code / Title 33 / Chapter 5 / Section 33-5-104
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-509 — TN Code / Title 33 / Chapter 6 / Section 33-6-509
Suitable accommodations required
Status: in_force

The chief officer of a facility to which a person is committed under this part shall not admit the person until the facility has available suitable accommodations. If a person is committed to a state facility under this part, the person does not come into the custody of the commissioner until the facility has available suitable accommodations. Acts 2000, ch. 947, § 1.
The chief officer of a facility to which a person is committed under this part shall not admit the person until the facility has available suitable accommodations. If a person is committed to a state facility under this part, the person does not come into the custody of the commissioner until the facility has available suitable accommodations.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-415 — TN Code / Title 33 / Chapter 2 / Section 33-2-415
Provisional licenses
Status: in_force

(a) The department may grant a provisional license for up to one (1) year to a service or facility if: (1) The service or facility is making a diligent effort to comply with standards adopted under this part; (2) The continued operation of the service or facility will not endanger the health or safety of its service recipients; (3) The continued operation of the service or facility is necessary because care is not otherwise reasonably available for its service recipients; (4) The service or facility has submitted an acceptable compliance plan specifying how and when deficiencies will be corrected; and (5) The service or facility has substantially met the commitments made in the preceding year's compliance plan, if any. (b) Failure to meet the commitments made in the compliance plan is a ground for revocation or suspension of the license. (c) Copies of provisional licenses and compliance plans shall be maintained in a central location and are open to public inspection. Acts 1978, ch. 853, § 12; 1979, ch. 199, § 1; 1983, ch. 323, § 30; T.C.A., §§ 33-1811, 33-2-511; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-414 ; Acts 2001, ch. 299, § 1.
(a) The department may grant a provisional license for up to one (1) year to a service or facility if: (1) The service or facility is making a diligent effort to comply with standards adopted under this part; (2) The continued operation of the service or facility will not endanger the health or safety of its service recipients; (3) The continued operation of the service or facility is necessary because care is not otherwise reasonably available for its service recipients; (4) The service or facility has submitted an acceptable compliance plan specifying how and when deficiencies will be corrected; and (5) The service or facility has substantially met the commitments made in the preceding year's compliance plan, if any.
(1) The service or facility is making a diligent effort to comply with standards adopted under this part;
(2) The continued operation of the service or facility will not endanger the health or safety of its service recipients;
(3) The continued operation of the service or facility is necessary because care is not otherwise reasonably available for its service recipients;
(4) The service or facility has submitted an acceptable compliance plan specifying how and when deficiencies will be corrected; and
(5) The service or facility has substantially met the commitments made in the preceding year's compliance plan, if any.
(b) Failure to meet the commitments made in the compliance plan is a ground for revocation or suspension of the license.
(c) Copies of provisional licenses and compliance plans shall be maintained in a central location and are open to public inspection.
Acts 1978, ch. 853, § 12; 1979, ch. 199, § 1; 1983, ch. 323, § 30; T.C.A., §§ 33-1811, 33-2-511; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-414 ; Acts 2001, ch. 299, § 1.
Tenn. Code Ann. § 33-2-1302 — TN Code / Title 33 / Chapter 2 / Section 33-2-1302
Penalty for violation of Section 33-2-1301
Status: in_force

(a) If a person violates § 33-2-1301 , the commissioner shall assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation. (b) A penalty shall be assessed only after an informal hearing is held in the same manner as an informal hearing is held prior to the suspension of a license under § 4-5-320(d) . (c) If services or supports to a recipient of mental health services or supports have been provided in violation of § 33-2-1301 , the commissioner may: (1) Require transfer of the recipient of services or supports to another provider of services or supports as soon as is reasonably practical; (2) Authorize the recipient of services or supports to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the recipient of services or supports to remain with the provider of services or supports; (3) Restrict the referral of other recipients of services or supports to the provider of services or supports; (4) Exercise a combination of the preceding powers; or (5) Impose any other appropriate sanctions in the discretion of the commissioner. Amended by 2024 Tenn. Acts, ch. 688,s 56, eff. 7/1/2024. Acts 1996, ch. 669, § 1; T.C.A., § 33-3-112(b) ; Acts 2000, ch. 947, § 1.
(a) If a person violates § 33-2-1301 , the commissioner shall assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation.
(b) A penalty shall be assessed only after an informal hearing is held in the same manner as an informal hearing is held prior to the suspension of a license under § 4-5-320(d) .
(c) If services or supports to a recipient of mental health services or supports have been provided in violation of § 33-2-1301 , the commissioner may: (1) Require transfer of the recipient of services or supports to another provider of services or supports as soon as is reasonably practical; (2) Authorize the recipient of services or supports to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the recipient of services or supports to remain with the provider of services or supports; (3) Restrict the referral of other recipients of services or supports to the provider of services or supports; (4) Exercise a combination of the preceding powers; or (5) Impose any other appropriate sanctions in the discretion of the commissioner.
(1) Require transfer of the recipient of services or supports to another provider of services or supports as soon as is reasonably practical;
(2) Authorize the recipient of services or supports to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the recipient of services or supports to remain with the provider of services or supports;
(3) Restrict the referral of other recipients of services or supports to the provider of services or supports;
(4) Exercise a combination of the preceding powers; or
(5) Impose any other appropriate sanctions in the discretion of the commissioner.
Amended by 2024 Tenn. Acts, ch. 688,s 56, eff. 7/1/2024.
Acts 1996, ch. 669, § 1; T.C.A., § 33-3-112(b) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-406 — TN Code / Title 33 / Chapter 6 / Section 33-6-406
Transportation of detainee to treatment facility
Status: in_force

(a) If the person certified for admission under § 33-6-404 is not already at the facility, hospital or treatment resource at which the person is proposed to be admitted, the physician, psychologist or designated professional who completed the certificate of need under § 33-6-404 shall give the sheriff or the transportation agent designated under part 9 of this chapter the original of the certificate and turn the person over to the custody of the sheriff or transportation agent who shall transport the person to a hospital or treatment resource that has available suitable accommodations for the person for proceedings under § 33-6-407 ; provided, that, if admission is sought to a state-owned or operated hospital or treatment resource, the physician, psychologist or designated professional who completed the certificate of need under § 33-6-404 shall also provide to the sheriff or transportation agent a written statement verifying that the state-owned or operated hospital or treatment resource has been contacted and has available suitable accommodations, and the sheriff or transportation agent shall not be required to take custody of the person for transportation unless both the original of the certificate and the written statement are provided. If the original of the certificate is unavailable, then an identical hard copy or electronic copy submitted by reliable electronic means must be accepted for purposes of this section. Failure of the sheriff or other county transportation agent to provide both a certificate of need and the written statement to the receiving state-owned or operated hospital or treatment resource for proceedings under § 33-6-407 shall result in all costs attendant to the person's admission and treatment being assessed to the transporting county. (b) (1) Before transportation begins, the sheriff or transportation agent shall notify the hospital or treatment resource at which the person is proposed to be admitted as to where the person is and the best estimate of anticipated time of arrival at the hospital or treatment resource. (2) The sheriff or transportation agent shall notify the hospital or treatment resource of the anticipated time of arrival. If the sheriff or transportation agent has given notice and arrives at the hospital or treatment resource within the anticipated time of arrival, then the sheriff or transportation agent is required to remain at the hospital or treatment resource long enough for the person to be evaluated for admission under § 33-6-407 , but not longer than one (1) hour and forty-five (45) minutes. After one (1) hour and forty-five (45) minutes, the person is the responsibility of the evaluating hospital or treatment resource, and the sheriff or transportation agent may leave. (3) In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census of population or any subsequent federal census, subdivisions (b)(1) and (2) do not apply, and the sheriff or transportation agent is relieved of further transportation duties after the person has been delivered to the hospital or treatment resource, and transportation duties shall be assumed by appropriate personnel of the hospital or treatment resource. (c) (1) Subject to annual appropriations, there is established a grant program to assist sheriff's required to transport persons to a hospital or treatment resource for emergency mental health transport under this section. The department of finance and administration, in consultation with the department of mental health and substance abuse services and the division of TennCare, shall develop and administer the grant program. Assistance from this grant program must not be provided for emergency mental health transports where a physician, psychologist, or designated professional determines that the person can be transported by one (1) or more friends, neighbors, or other mental health professionals familiar with the person, relatives of the person, or a member of the clergy pursuant to § 33-6-901 . (2) A sheriff may contract with one (1) or more third parties or other law enforcement agencies to transport persons to a hospital or treatment resource in accordance with this section. The sheriff shall deem a third party or law enforcement agency contracted to perform this function to be the designated secondary transportation agent pursuant to § 33-6-901 . Any contract entered into under this subsection (c) is subject to audit by the comptroller of the treasury or the comptroller's designee. (3) A sheriff may receive grant funds provided under this subsection (c) and pay the grant funds to third parties or other law enforcement agencies with which the sheriff contracts to transport persons to a hospital or treatment resource in accordance with this section. The receipt or expenditure of grant funds received by a sheriff under this subsection (c) is subject to audit by the comptroller of the treasury or the comptroller's designee. (d) If telehealth services are available and offered by a hospital or treatment resource at which a person is proposed to be admitted pursuant to this part, then the hospital or treatment resource may elect to conduct an evaluation for admission under § 33-6-407 through telehealth as defined in § 56-7-1002 . Amended by 2021 Tenn. Acts, ch. 538, s 3, eff. 5/25/2021. Amended by 2019 Tenn. Acts, ch. 512, s 1, eff. 7/1/2019. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 40; 2009 , ch. 531, §§ 38 - 40.
(a) If the person certified for admission under § 33-6-404 is not already at the facility, hospital or treatment resource at which the person is proposed to be admitted, the physician, psychologist or designated professional who completed the certificate of need under § 33-6-404 shall give the sheriff or the transportation agent designated under part 9 of this chapter the original of the certificate and turn the person over to the custody of the sheriff or transportation agent who shall transport the person to a hospital or treatment resource that has available suitable accommodations for the person for proceedings under § 33-6-407 ; provided, that, if admission is sought to a state-owned or operated hospital or treatment resource, the physician, psychologist or designated professional who completed the certificate of need under § 33-6-404 shall also provide to the sheriff or transportation agent a written statement verifying that the state-owned or operated hospital or treatment resource has been contacted and has available suitable accommodations, and the sheriff or transportation agent shall not be required to take custody of the person for transportation unless both the original of the certificate and the written statement are provided. If the original of the certificate is unavailable, then an identical hard copy or electronic copy submitted by reliable electronic means must be accepted for purposes of this section. Failure of the sheriff or other county transportation agent to provide both a certificate of need and the written statement to the receiving state-owned or operated hospital or treatment resource for proceedings under § 33-6-407 shall result in all costs attendant to the person's admission and treatment being assessed to the transporting county.
(b) (1) Before transportation begins, the sheriff or transportation agent shall notify the hospital or treatment resource at which the person is proposed to be admitted as to where the person is and the best estimate of anticipated time of arrival at the hospital or treatment resource. (2) The sheriff or transportation agent shall notify the hospital or treatment resource of the anticipated time of arrival. If the sheriff or transportation agent has given notice and arrives at the hospital or treatment resource within the anticipated time of arrival, then the sheriff or transportation agent is required to remain at the hospital or treatment resource long enough for the person to be evaluated for admission under § 33-6-407 , but not longer than one (1) hour and forty-five (45) minutes. After one (1) hour and forty-five (45) minutes, the person is the responsibility of the evaluating hospital or treatment resource, and the sheriff or transportation agent may leave. (3) In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census of population or any subsequent federal census, subdivisions (b)(1) and (2) do not apply, and the sheriff or transportation agent is relieved of further transportation duties after the person has been delivered to the hospital or treatment resource, and transportation duties shall be assumed by appropriate personnel of the hospital or treatment resource.
(1) Before transportation begins, the sheriff or transportation agent shall notify the hospital or treatment resource at which the person is proposed to be admitted as to where the person is and the best estimate of anticipated time of arrival at the hospital or treatment resource.
(2) The sheriff or transportation agent shall notify the hospital or treatment resource of the anticipated time of arrival. If the sheriff or transportation agent has given notice and arrives at the hospital or treatment resource within the anticipated time of arrival, then the sheriff or transportation agent is required to remain at the hospital or treatment resource long enough for the person to be evaluated for admission under § 33-6-407 , but not longer than one (1) hour and forty-five (45) minutes. After one (1) hour and forty-five (45) minutes, the person is the responsibility of the evaluating hospital or treatment resource, and the sheriff or transportation agent may leave.
(3) In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census of population or any subsequent federal census, subdivisions (b)(1) and (2) do not apply, and the sheriff or transportation agent is relieved of further transportation duties after the person has been delivered to the hospital or treatment resource, and transportation duties shall be assumed by appropriate personnel of the hospital or treatment resource.
(c) (1) Subject to annual appropriations, there is established a grant program to assist sheriff's required to transport persons to a hospital or treatment resource for emergency mental health transport under this section. The department of finance and administration, in consultation with the department of mental health and substance abuse services and the division of TennCare, shall develop and administer the grant program. Assistance from this grant program must not be provided for emergency mental health transports where a physician, psychologist, or designated professional determines that the person can be transported by one (1) or more friends, neighbors, or other mental health professionals familiar with the person, relatives of the person, or a member of the clergy pursuant to § 33-6-901 . (2) A sheriff may contract with one (1) or more third parties or other law enforcement agencies to transport persons to a hospital or treatment resource in accordance with this section. The sheriff shall deem a third party or law enforcement agency contracted to perform this function to be the designated secondary transportation agent pursuant to § 33-6-901 . Any contract entered into under this subsection (c) is subject to audit by the comptroller of the treasury or the comptroller's designee. (3) A sheriff may receive grant funds provided under this subsection (c) and pay the grant funds to third parties or other law enforcement agencies with which the sheriff contracts to transport persons to a hospital or treatment resource in accordance with this section. The receipt or expenditure of grant funds received by a sheriff under this subsection (c) is subject to audit by the comptroller of the treasury or the comptroller's designee.
(1) Subject to annual appropriations, there is established a grant program to assist sheriff's required to transport persons to a hospital or treatment resource for emergency mental health transport under this section. The department of finance and administration, in consultation with the department of mental health and substance abuse services and the division of TennCare, shall develop and administer the grant program. Assistance from this grant program must not be provided for emergency mental health transports where a physician, psychologist, or designated professional determines that the person can be transported by one (1) or more friends, neighbors, or other mental health professionals familiar with the person, relatives of the person, or a member of the clergy pursuant to § 33-6-901 .
(2) A sheriff may contract with one (1) or more third parties or other law enforcement agencies to transport persons to a hospital or treatment resource in accordance with this section. The sheriff shall deem a third party or law enforcement agency contracted to perform this function to be the designated secondary transportation agent pursuant to § 33-6-901 . Any contract entered into under this subsection (c) is subject to audit by the comptroller of the treasury or the comptroller's designee.
(3) A sheriff may receive grant funds provided under this subsection (c) and pay the grant funds to third parties or other law enforcement agencies with which the sheriff contracts to transport persons to a hospital or treatment resource in accordance with this section. The receipt or expenditure of grant funds received by a sheriff under this subsection (c) is subject to audit by the comptroller of the treasury or the comptroller's designee.
(d) If telehealth services are available and offered by a hospital or treatment resource at which a person is proposed to be admitted pursuant to this part, then the hospital or treatment resource may elect to conduct an evaluation for admission under § 33-6-407 through telehealth as defined in § 56-7-1002 .
Amended by 2021 Tenn. Acts, ch. 538, s 3, eff. 5/25/2021.
Amended by 2019 Tenn. Acts, ch. 512, s 1, eff. 7/1/2019.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 40; 2009 , ch. 531, §§ 38 - 40.
Tenn. Code Ann. § 33-6-611 — TN Code / Title 33 / Chapter 6 / Section 33-6-611
Failure to appear at hearing - Custody order - Transportation to hospital - Admission - Notice to attorney or other representative
Status: in_force

IF (1) the qualified mental health professional has filed an affidavit showing that: (A) the person with mental illness or serious emotional disturbance is required to be participating in outpatient treatment, (B) the person is, without good cause, not complying with the treatment plan, AND (C) the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily, AND (2) the person does not respond to the order to appear, THEN (3) the court shall order the person taken into custody, AND (4) the sheriff shall immediately transport the person to the hospital from which the person was discharged, AND (5) the hospital shall admit the person and give notice of the temporary recommitment and that a hearing under § 33-6-610 will be held to the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the court that ordered the temporary recommitment of the person, and to the court where the hospital is located that has the same jurisdiction as the recommitting court. Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(a) ; Acts 2000, ch. 947, § 1.
IF
(1) the qualified mental health professional has filed an affidavit showing that: (A) the person with mental illness or serious emotional disturbance is required to be participating in outpatient treatment, (B) the person is, without good cause, not complying with the treatment plan, AND (C) the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily, AND
(A) the person with mental illness or serious emotional disturbance is required to be participating in outpatient treatment,
(B) the person is, without good cause, not complying with the treatment plan, AND
(C) the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily, AND
(2) the person does not respond to the order to appear, THEN
THEN
(3) the court shall order the person taken into custody, AND
(4) the sheriff shall immediately transport the person to the hospital from which the person was discharged, AND
(5) the hospital shall admit the person and give notice of the temporary recommitment and that a hearing under § 33-6-610 will be held to the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the court that ordered the temporary recommitment of the person, and to the court where the hospital is located that has the same jurisdiction as the recommitting court.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(a) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-7-301 — TN Code / Title 33 / Chapter 7 / Section 33-7-301
Evaluation of accused believed incompetent to stand trial - Judicial hospitalization proceedings - Recovery report
Status: in_force

(a) (1) When a defendant charged with a criminal offense is believed to be incompetent to stand trial, or there is a question about the defendant's mental capacity at the time of the commission of the crime, the criminal, circuit, or general sessions court judge may, upon the judge's own motion or upon petition by the district attorney general or by the attorney for the defendant and after hearing, order the defendant to be evaluated on an outpatient basis. The evaluation shall be done by the community mental health center or licensed private practitioner designated by the commissioner to serve the court or, if the evaluation cannot be made by the center or the private practitioner, on an outpatient basis by the state hospital or the state-supported hospital designated by the commissioner to serve the court. If, and only if, the outpatient evaluator concludes that further evaluation and treatment are needed, the court may order the defendant hospitalized, and if in a department facility, in the custody of the commissioner for not more than thirty (30) days for further evaluation and treatment for competence to stand trial subject to the availability of suitable accommodations. (2) At any stage of a felony criminal proceeding, including a pretrial hearing, trial, sentencing, or post-conviction proceeding, the state may move or petition the court to authorize the district attorney general to designate a qualified expert to examine the defendant if the defendant gives notice that the defendant intends to offer testimony about the defendant's mental condition, whether in support of a defense of insanity or for any other purpose. The court may authorize the district attorney general to designate a qualified expert, who is willing to be appointed, to examine the defendant, if: (A) An inpatient evaluator under subdivision (a)(1) notifies the court in a pretrial proceeding that the type or extent of assessment required exceeds the expertise or resources available to the evaluator or exceeds the scope of analysis of the defendant's competence to stand trial, satisfaction of criteria for the insanity defense, or for commitment under chapter 6, part 5 of this title; or (B) In any other type of felony criminal proceeding, the court determines that examination of the defendant by a qualified expert for the state is necessary to adjudicate fairly the matter before it. (3) The amount and payment of expert fees shall be determined and paid by the state district attorneys general conference. (4) (A) Except as provided in subdivision (a)(4)(B), during the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate. If the defendant is indigent, the amount and payment of the costs for the evaluation shall be determined and paid for by the administrative office of the courts. If the defendant is not indigent, the cost of the evaluation shall be charged as court costs. If the evaluation cannot be done on an outpatient basis and if it is necessary to hospitalize the defendant in a department facility, hospitalization shall not be for more than thirty (30) days and shall be subject to available suitable accommodations. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving department facility has available suitable accommodations. Any costs incurred by the administrative office of the courts shall be absorbed within the current appropriation for the indigent defense fund. (B) In a post-conviction proceeding in a capital case, if there is a question on the defendant's mental condition at the time of the commission of the crime when there has been no such prior evaluation or a question as to whether the defendant is intellectually disabled, the court may, upon its own motion or upon petition by the district attorney general or by the attorney for the defendant, and, if the matter is contested, after a hearing, order that the defendant be evaluated on an outpatient basis. If and only if the outpatient evaluator concludes that an inpatient evaluation is necessary, the court may order the defendant to be hospitalized for not more than thirty (30) days. (5) Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving department facility has available suitable accommodations. (b) (1) If the court determines on the basis of the mental health evaluation and other relevant evidence: (A) That the defendant is incompetent to stand trial because of mental illness; or (B) (i) That the defendant is competent to stand trial but that the failure to hospitalize would create a likelihood to cause the defendant serious harm by reason of mental illness; and (ii) The defense attorney agrees with those findings, the district attorney general or the attorney for the defense may petition the criminal court before which the case is pending or that would hear the case, if the defendant were bound over to the grand jury to conduct proceedings for judicial hospitalization under chapter 6, part 5 of this title. (2) Either party may demand a jury trial on the issues. (3) The court is vested with jurisdiction to conduct the proceedings. (4) In the proceedings the court shall determine, in addition to the findings required by chapter 6, part 5 of this title, whether the defendant is substantially likely to injure the defendant or others if the defendant is not treated in a forensic services unit and whether treatment is in the defendant's best interest. (5) If the court enters an order of judicial hospitalization, the defendant shall be transferred to the custody of the commissioner, and if the court finds in addition that the defendant is substantially likely to injure the defendant or others if the defendant is not treated in a forensic services unit and that treatment in the unit is in the defendant's best interests, the defendant shall be transferred to the custody of the commissioner at a forensic services unit designated by the commissioner. If the court commits a person under this subsection (b), the person comes into the commissioner's custody only if the forensic services unit has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a defendant for such commitment, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations. (c) When a defendant admitted under subsection (b) has been hospitalized for six (6) months, and at six-month intervals thereafter, the chief officer of the hospital shall file a written report with the clerk of the court by whose order the defendant was confined and shall give a copy of the report to the defendant, the defendant's attorney, the defendant's legal guardian or conservator, if any, and to the district attorney general. The chief officer shall also send a copy of the report to the defendant's parent, adult child, or spouse, whichever is appropriate, but at least one (1) of the three (3). The report shall detail the chief officer's best judgment as to the defendant's prospects for recovery, the defendant's present condition, the time required for relevant kinds of recovery, and whether there is substantial probability that the defendant will become competent to stand trial in the foreseeable future. This reporting obligation shall cease at the point that misdemeanor charges are retired for defendants with no other charges in accordance with subsection (d). (d) If a defendant is found to be incompetent to stand trial, any misdemeanor charges pending at the time of the incompetency determination shall be retired no later than eleven (11) months and twenty-nine (29) days after the date of arrest when the misdemeanor charge or charges have not otherwise been disposed of except that no misdemeanor charges shall be retired pursuant to this subsection (d) if the defendant is restored to competency prior to the date on which the misdemeanor charge or charges would have otherwise been retired under this subsection (d). Amended by 2013 Tenn. Acts, ch. 100,Secs.s1, s2 eff. 4/10/2013. Acts 1974, ch. 464, § 1; 1975, ch. 248, § 26; 1977, ch. 386, § 1; 1982, ch. 862, § 12; T.C.A., § 33-708; Acts 1985, ch. 437, § 26; 1987, ch. 143, § 4; 1998, ch. 978, §§ 1, 2; 2000, ch. 947, § 1; 2002, ch. 730, § 51; 2005, ch. 260, § 1; 2009, ch. 419, § 1; 2009, ch. 531, §§ 44, 46, 47; 2010, ch. 734, § 1.
(a) (1) When a defendant charged with a criminal offense is believed to be incompetent to stand trial, or there is a question about the defendant's mental capacity at the time of the commission of the crime, the criminal, circuit, or general sessions court judge may, upon the judge's own motion or upon petition by the district attorney general or by the attorney for the defendant and after hearing, order the defendant to be evaluated on an outpatient basis. The evaluation shall be done by the community mental health center or licensed private practitioner designated by the commissioner to serve the court or, if the evaluation cannot be made by the center or the private practitioner, on an outpatient basis by the state hospital or the state-supported hospital designated by the commissioner to serve the court. If, and only if, the outpatient evaluator concludes that further evaluation and treatment are needed, the court may order the defendant hospitalized, and if in a department facility, in the custody of the commissioner for not more than thirty (30) days for further evaluation and treatment for competence to stand trial subject to the availability of suitable accommodations. (2) At any stage of a felony criminal proceeding, including a pretrial hearing, trial, sentencing, or post-conviction proceeding, the state may move or petition the court to authorize the district attorney general to designate a qualified expert to examine the defendant if the defendant gives notice that the defendant intends to offer testimony about the defendant's mental condition, whether in support of a defense of insanity or for any other purpose. The court may authorize the district attorney general to designate a qualified expert, who is willing to be appointed, to examine the defendant, if: (A) An inpatient evaluator under subdivision (a)(1) notifies the court in a pretrial proceeding that the type or extent of assessment required exceeds the expertise or resources available to the evaluator or exceeds the scope of analysis of the defendant's competence to stand trial, satisfaction of criteria for the insanity defense, or for commitment under chapter 6, part 5 of this title; or (B) In any other type of felony criminal proceeding, the court determines that examination of the defendant by a qualified expert for the state is necessary to adjudicate fairly the matter before it. (3) The amount and payment of expert fees shall be determined and paid by the state district attorneys general conference. (4) (A) Except as provided in subdivision (a)(4)(B), during the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate. If the defendant is indigent, the amount and payment of the costs for the evaluation shall be determined and paid for by the administrative office of the courts. If the defendant is not indigent, the cost of the evaluation shall be charged as court costs. If the evaluation cannot be done on an outpatient basis and if it is necessary to hospitalize the defendant in a department facility, hospitalization shall not be for more than thirty (30) days and shall be subject to available suitable accommodations. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving department facility has available suitable accommodations. Any costs incurred by the administrative office of the courts shall be absorbed within the current appropriation for the indigent defense fund. (B) In a post-conviction proceeding in a capital case, if there is a question on the defendant's mental condition at the time of the commission of the crime when there has been no such prior evaluation or a question as to whether the defendant is intellectually disabled, the court may, upon its own motion or upon petition by the district attorney general or by the attorney for the defendant, and, if the matter is contested, after a hearing, order that the defendant be evaluated on an outpatient basis. If and only if the outpatient evaluator concludes that an inpatient evaluation is necessary, the court may order the defendant to be hospitalized for not more than thirty (30) days. (5) Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving department facility has available suitable accommodations.
(1) When a defendant charged with a criminal offense is believed to be incompetent to stand trial, or there is a question about the defendant's mental capacity at the time of the commission of the crime, the criminal, circuit, or general sessions court judge may, upon the judge's own motion or upon petition by the district attorney general or by the attorney for the defendant and after hearing, order the defendant to be evaluated on an outpatient basis. The evaluation shall be done by the community mental health center or licensed private practitioner designated by the commissioner to serve the court or, if the evaluation cannot be made by the center or the private practitioner, on an outpatient basis by the state hospital or the state-supported hospital designated by the commissioner to serve the court. If, and only if, the outpatient evaluator concludes that further evaluation and treatment are needed, the court may order the defendant hospitalized, and if in a department facility, in the custody of the commissioner for not more than thirty (30) days for further evaluation and treatment for competence to stand trial subject to the availability of suitable accommodations.
(2) At any stage of a felony criminal proceeding, including a pretrial hearing, trial, sentencing, or post-conviction proceeding, the state may move or petition the court to authorize the district attorney general to designate a qualified expert to examine the defendant if the defendant gives notice that the defendant intends to offer testimony about the defendant's mental condition, whether in support of a defense of insanity or for any other purpose. The court may authorize the district attorney general to designate a qualified expert, who is willing to be appointed, to examine the defendant, if: (A) An inpatient evaluator under subdivision (a)(1) notifies the court in a pretrial proceeding that the type or extent of assessment required exceeds the expertise or resources available to the evaluator or exceeds the scope of analysis of the defendant's competence to stand trial, satisfaction of criteria for the insanity defense, or for commitment under chapter 6, part 5 of this title; or (B) In any other type of felony criminal proceeding, the court determines that examination of the defendant by a qualified expert for the state is necessary to adjudicate fairly the matter before it.
(A) An inpatient evaluator under subdivision (a)(1) notifies the court in a pretrial proceeding that the type or extent of assessment required exceeds the expertise or resources available to the evaluator or exceeds the scope of analysis of the defendant's competence to stand trial, satisfaction of criteria for the insanity defense, or for commitment under chapter 6, part 5 of this title; or
(B) In any other type of felony criminal proceeding, the court determines that examination of the defendant by a qualified expert for the state is necessary to adjudicate fairly the matter before it.
(3) The amount and payment of expert fees shall be determined and paid by the state district attorneys general conference.
(4) (A) Except as provided in subdivision (a)(4)(B), during the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate. If the defendant is indigent, the amount and payment of the costs for the evaluation shall be determined and paid for by the administrative office of the courts. If the defendant is not indigent, the cost of the evaluation shall be charged as court costs. If the evaluation cannot be done on an outpatient basis and if it is necessary to hospitalize the defendant in a department facility, hospitalization shall not be for more than thirty (30) days and shall be subject to available suitable accommodations. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving department facility has available suitable accommodations. Any costs incurred by the administrative office of the courts shall be absorbed within the current appropriation for the indigent defense fund. (B) In a post-conviction proceeding in a capital case, if there is a question on the defendant's mental condition at the time of the commission of the crime when there has been no such prior evaluation or a question as to whether the defendant is intellectually disabled, the court may, upon its own motion or upon petition by the district attorney general or by the attorney for the defendant, and, if the matter is contested, after a hearing, order that the defendant be evaluated on an outpatient basis. If and only if the outpatient evaluator concludes that an inpatient evaluation is necessary, the court may order the defendant to be hospitalized for not more than thirty (30) days.
(A) Except as provided in subdivision (a)(4)(B), during the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate. If the defendant is indigent, the amount and payment of the costs for the evaluation shall be determined and paid for by the administrative office of the courts. If the defendant is not indigent, the cost of the evaluation shall be charged as court costs. If the evaluation cannot be done on an outpatient basis and if it is necessary to hospitalize the defendant in a department facility, hospitalization shall not be for more than thirty (30) days and shall be subject to available suitable accommodations. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving department facility has available suitable accommodations. Any costs incurred by the administrative office of the courts shall be absorbed within the current appropriation for the indigent defense fund.
(B) In a post-conviction proceeding in a capital case, if there is a question on the defendant's mental condition at the time of the commission of the crime when there has been no such prior evaluation or a question as to whether the defendant is intellectually disabled, the court may, upon its own motion or upon petition by the district attorney general or by the attorney for the defendant, and, if the matter is contested, after a hearing, order that the defendant be evaluated on an outpatient basis. If and only if the outpatient evaluator concludes that an inpatient evaluation is necessary, the court may order the defendant to be hospitalized for not more than thirty (30) days.
(5) Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent shall determine that the receiving department facility has available suitable accommodations.
(b) (1) If the court determines on the basis of the mental health evaluation and other relevant evidence: (A) That the defendant is incompetent to stand trial because of mental illness; or (B) (i) That the defendant is competent to stand trial but that the failure to hospitalize would create a likelihood to cause the defendant serious harm by reason of mental illness; and (ii) The defense attorney agrees with those findings, the district attorney general or the attorney for the defense may petition the criminal court before which the case is pending or that would hear the case, if the defendant were bound over to the grand jury to conduct proceedings for judicial hospitalization under chapter 6, part 5 of this title. (2) Either party may demand a jury trial on the issues. (3) The court is vested with jurisdiction to conduct the proceedings. (4) In the proceedings the court shall determine, in addition to the findings required by chapter 6, part 5 of this title, whether the defendant is substantially likely to injure the defendant or others if the defendant is not treated in a forensic services unit and whether treatment is in the defendant's best interest. (5) If the court enters an order of judicial hospitalization, the defendant shall be transferred to the custody of the commissioner, and if the court finds in addition that the defendant is substantially likely to injure the defendant or others if the defendant is not treated in a forensic services unit and that treatment in the unit is in the defendant's best interests, the defendant shall be transferred to the custody of the commissioner at a forensic services unit designated by the commissioner. If the court commits a person under this subsection (b), the person comes into the commissioner's custody only if the forensic services unit has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a defendant for such commitment, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations.
(1) If the court determines on the basis of the mental health evaluation and other relevant evidence: (A) That the defendant is incompetent to stand trial because of mental illness; or (B) (i) That the defendant is competent to stand trial but that the failure to hospitalize would create a likelihood to cause the defendant serious harm by reason of mental illness; and (ii) The defense attorney agrees with those findings, the district attorney general or the attorney for the defense may petition the criminal court before which the case is pending or that would hear the case, if the defendant were bound over to the grand jury to conduct proceedings for judicial hospitalization under chapter 6, part 5 of this title.
(A) That the defendant is incompetent to stand trial because of mental illness; or
(B) (i) That the defendant is competent to stand trial but that the failure to hospitalize would create a likelihood to cause the defendant serious harm by reason of mental illness; and (ii) The defense attorney agrees with those findings, the district attorney general or the attorney for the defense may petition the criminal court before which the case is pending or that would hear the case, if the defendant were bound over to the grand jury to conduct proceedings for judicial hospitalization under chapter 6, part 5 of this title.
(i) That the defendant is competent to stand trial but that the failure to hospitalize would create a likelihood to cause the defendant serious harm by reason of mental illness; and
(ii) The defense attorney agrees with those findings, the district attorney general or the attorney for the defense may petition the criminal court before which the case is pending or that would hear the case, if the defendant were bound over to the grand jury to conduct proceedings for judicial hospitalization under chapter 6, part 5 of this title.
(2) Either party may demand a jury trial on the issues.
(3) The court is vested with jurisdiction to conduct the proceedings.
(4) In the proceedings the court shall determine, in addition to the findings required by chapter 6, part 5 of this title, whether the defendant is substantially likely to injure the defendant or others if the defendant is not treated in a forensic services unit and whether treatment is in the defendant's best interest.
(5) If the court enters an order of judicial hospitalization, the defendant shall be transferred to the custody of the commissioner, and if the court finds in addition that the defendant is substantially likely to injure the defendant or others if the defendant is not treated in a forensic services unit and that treatment in the unit is in the defendant's best interests, the defendant shall be transferred to the custody of the commissioner at a forensic services unit designated by the commissioner. If the court commits a person under this subsection (b), the person comes into the commissioner's custody only if the forensic services unit has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a defendant for such commitment, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations.
(c) When a defendant admitted under subsection (b) has been hospitalized for six (6) months, and at six-month intervals thereafter, the chief officer of the hospital shall file a written report with the clerk of the court by whose order the defendant was confined and shall give a copy of the report to the defendant, the defendant's attorney, the defendant's legal guardian or conservator, if any, and to the district attorney general. The chief officer shall also send a copy of the report to the defendant's parent, adult child, or spouse, whichever is appropriate, but at least one (1) of the three (3). The report shall detail the chief officer's best judgment as to the defendant's prospects for recovery, the defendant's present condition, the time required for relevant kinds of recovery, and whether there is substantial probability that the defendant will become competent to stand trial in the foreseeable future. This reporting obligation shall cease at the point that misdemeanor charges are retired for defendants with no other charges in accordance with subsection (d).
(d) If a defendant is found to be incompetent to stand trial, any misdemeanor charges pending at the time of the incompetency determination shall be retired no later than eleven (11) months and twenty-nine (29) days after the date of arrest when the misdemeanor charge or charges have not otherwise been disposed of except that no misdemeanor charges shall be retired pursuant to this subsection (d) if the defendant is restored to competency prior to the date on which the misdemeanor charge or charges would have otherwise been retired under this subsection (d).
Amended by 2013 Tenn. Acts, ch. 100,Secs.s1, s2 eff. 4/10/2013.
Acts 1974, ch. 464, § 1; 1975, ch. 248, § 26; 1977, ch. 386, § 1; 1982, ch. 862, § 12; T.C.A., § 33-708; Acts 1985, ch. 437, § 26; 1987, ch. 143, § 4; 1998, ch. 978, §§ 1, 2; 2000, ch. 947, § 1; 2002, ch. 730, § 51; 2005, ch. 260, § 1; 2009, ch. 419, § 1; 2009, ch. 531, §§ 44, 46, 47; 2010, ch. 734, § 1.
Tenn. Code Ann. § 33-2-1109 — TN Code / Title 33 / Chapter 2 / Section 33-2-1109
Prohibition on maintenance at state's expense
Status: in_force

(a) No service recipient may receive care at the expense of the state in a program operated by the department except: (1) One who is indigent; (2) A person subject to evaluation, diagnosis or treatment under chapter 7, part 3 of this title and charged with a felony, or chapter 7, part 4 of this title; (3) A person whose service is paid for, in part, by state or federal government and the payment is conditioned on the department's acceptance of it as full satisfaction of the person's liability; or (4) A person whose service is paid for by the service recipient or another person or a third party and the department determines, under standards approved by the commissioner of finance and administration and the comptroller of the treasury, that the state's interests are best served by accepting payment offered as full satisfaction of the service recipient's liability. (b) Subdivision (a)(4) does not apply to any claim for payment for which the state has a suit pending to recover payment. Amended by 2024 Tenn. Acts, ch. 688,s 52, eff. 7/1/2024. Acts 1983, ch. 323, § 32; 1996, ch. 795, § 9; T.C.A., § 33-4-112; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 7; 2009 , ch. 531, § 33.
(a) No service recipient may receive care at the expense of the state in a program operated by the department except: (1) One who is indigent; (2) A person subject to evaluation, diagnosis or treatment under chapter 7, part 3 of this title and charged with a felony, or chapter 7, part 4 of this title; (3) A person whose service is paid for, in part, by state or federal government and the payment is conditioned on the department's acceptance of it as full satisfaction of the person's liability; or (4) A person whose service is paid for by the service recipient or another person or a third party and the department determines, under standards approved by the commissioner of finance and administration and the comptroller of the treasury, that the state's interests are best served by accepting payment offered as full satisfaction of the service recipient's liability.
(1) One who is indigent;
(2) A person subject to evaluation, diagnosis or treatment under chapter 7, part 3 of this title and charged with a felony, or chapter 7, part 4 of this title;
(3) A person whose service is paid for, in part, by state or federal government and the payment is conditioned on the department's acceptance of it as full satisfaction of the person's liability; or
(4) A person whose service is paid for by the service recipient or another person or a third party and the department determines, under standards approved by the commissioner of finance and administration and the comptroller of the treasury, that the state's interests are best served by accepting payment offered as full satisfaction of the service recipient's liability.
(b) Subdivision (a)(4) does not apply to any claim for payment for which the state has a suit pending to recover payment.
Amended by 2024 Tenn. Acts, ch. 688,s 52, eff. 7/1/2024.
Acts 1983, ch. 323, § 32; 1996, ch. 795, § 9; T.C.A., § 33-4-112; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 7; 2009 , ch. 531, § 33.
Tenn. Code Ann. § 33-2-413 — TN Code / Title 33 / Chapter 2 / Section 33-2-413
Inspections of facilities
Status: in_force

(a) The department shall make at least one (1) unannounced life safety and environmental inspection of each licensed service or facility yearly. The department shall inspect for quality standards all licensees that contract with the department as part of its contract monitoring. The department shall inspect for quality standards all licensees that do not contract with the department. The department may deem a service or facility in compliance without inspection if the service or facility meets another government agency's certification or accreditation requirements provided for in rules of the department. (b) With or without giving notice, the department may enter the premises and inspect any applicant or licensee when a complaint is filed with the department against the applicant or licensee or when the department otherwise deems inspection in the interest of service recipients. Inspection may include review of physical plant, program, activities, and applicant or licensee records. (c) The department may charge a fee for any service or facility inspection in an amount not to exceed fifty dollars ($50.00). (d) If the department finds noncompliance with life safety or food service standards relating to non-life threatening issues, the department shall refer the findings to the state or local agency responsible for life safety or food service inspection for reinspection or review in accordance with life safety or food service standards. The department will accept the state or local agency's determination. (e) The department shall, to the extent practicable, coordinate life safety inspections to avoid duplication without good cause in the same calendar year by other government agencies that apply substantially the same standards. (f) The department shall include in its annual inspection of each hospital licensed under this title a determination of the hospital's compliance with the reporting requirements of § 33-3-117 . The hospital must document its compliance with a record of its communication with local law enforcement with respect to the commitments. A hospital's failure to comply with the reporting requirements shall subject the hospital to civil penalties or other action against the hospital's license under § 33-2-407 . Amended by 2018 Tenn. Acts, ch. 1015, s 1, eff. 7/1/2018. Acts 1978, ch. 853, § 9; 1983, ch. 323, §§ 28, 29; T.C.A., § 33-1809; Acts 1989, ch. 559, § 4; T.C.A., § 33-2-509; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-412 ; Acts 2001, ch. 299, § 1.
(a) The department shall make at least one (1) unannounced life safety and environmental inspection of each licensed service or facility yearly. The department shall inspect for quality standards all licensees that contract with the department as part of its contract monitoring. The department shall inspect for quality standards all licensees that do not contract with the department. The department may deem a service or facility in compliance without inspection if the service or facility meets another government agency's certification or accreditation requirements provided for in rules of the department.
(b) With or without giving notice, the department may enter the premises and inspect any applicant or licensee when a complaint is filed with the department against the applicant or licensee or when the department otherwise deems inspection in the interest of service recipients. Inspection may include review of physical plant, program, activities, and applicant or licensee records.
(c) The department may charge a fee for any service or facility inspection in an amount not to exceed fifty dollars ($50.00).
(d) If the department finds noncompliance with life safety or food service standards relating to non-life threatening issues, the department shall refer the findings to the state or local agency responsible for life safety or food service inspection for reinspection or review in accordance with life safety or food service standards. The department will accept the state or local agency's determination.
(e) The department shall, to the extent practicable, coordinate life safety inspections to avoid duplication without good cause in the same calendar year by other government agencies that apply substantially the same standards.
(f) The department shall include in its annual inspection of each hospital licensed under this title a determination of the hospital's compliance with the reporting requirements of § 33-3-117 . The hospital must document its compliance with a record of its communication with local law enforcement with respect to the commitments. A hospital's failure to comply with the reporting requirements shall subject the hospital to civil penalties or other action against the hospital's license under § 33-2-407 .
Amended by 2018 Tenn. Acts, ch. 1015, s 1, eff. 7/1/2018.
Acts 1978, ch. 853, § 9; 1983, ch. 323, §§ 28, 29; T.C.A., § 33-1809; Acts 1989, ch. 559, § 4; T.C.A., § 33-2-509; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-412 ; Acts 2001, ch. 299, § 1.
Tenn. Code Ann. § 33-7-403 — TN Code / Title 33 / Chapter 7 / Section 33-7-403
Hearing
Status: in_force

If a defendant contests a plan proposed by the department under § 33-7-401 , the court shall hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The court shall either approve the plan or approve the plan as modified by the department to correct deficiencies found by the court. Acts 2000, ch. 947, § 1.
If a defendant contests a plan proposed by the department under § 33-7-401 , the court shall hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The court shall either approve the plan or approve the plan as modified by the department to correct deficiencies found by the court.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-11-105 — TN Code / Title 33 / Chapter 11 / Section 33-11-105
Duties and responsibilities of council
Status: in_force

The duties and responsibilities of the council include the following: (a) Subject to the terms of a state-subdivision opioid abatement agreement or a statewide opioid settlement agreement concerning funds paid pursuant to such agreement, the council shall direct the disbursement of funds held in the opioid abatement fund by decisions approved by at least a majority of the entire membership of the council. These disbursement directives shall be limited to funding or supporting opioid abatement and remediation purposes and related administrative costs. Before rendering decisions regarding the disbursement of funds, the council shall receive input from the department's statewide planning and policy council's need assessment process, which is conducted with the assistance of seven (7) regional planning and policy councils, and allow for comment and input from community stakeholders, local governments, state and local public health officials, public health advocates, law enforcement and judiciary representatives, opioid remediation service providers, and other parties interested and actively involved in addressing the opioid crisis and its abatement. The council shall develop policies to provide reasonable opportunity to receive input from these parties. (b) The council shall create and the director shall deliver to the governor, the speaker of the senate, the speaker of the house of representatives, the chairs of the government operations committees of the senate and house of representatives, and the chairs of the finance, ways and means committees of the senate and house of representatives on or before September 30 of each year an annual report for the prior fiscal year that details the total funds deposited into the opioid abatement fund, the abatement strategies funded, and any disbursement or expenses paid from the opioid abatement fund. Added by 2021 Tenn. Acts, ch. 491, s 8, eff. 5/24/2021.
The duties and responsibilities of the council include the following:
(a) Subject to the terms of a state-subdivision opioid abatement agreement or a statewide opioid settlement agreement concerning funds paid pursuant to such agreement, the council shall direct the disbursement of funds held in the opioid abatement fund by decisions approved by at least a majority of the entire membership of the council. These disbursement directives shall be limited to funding or supporting opioid abatement and remediation purposes and related administrative costs. Before rendering decisions regarding the disbursement of funds, the council shall receive input from the department's statewide planning and policy council's need assessment process, which is conducted with the assistance of seven (7) regional planning and policy councils, and allow for comment and input from community stakeholders, local governments, state and local public health officials, public health advocates, law enforcement and judiciary representatives, opioid remediation service providers, and other parties interested and actively involved in addressing the opioid crisis and its abatement. The council shall develop policies to provide reasonable opportunity to receive input from these parties.
(b) The council shall create and the director shall deliver to the governor, the speaker of the senate, the speaker of the house of representatives, the chairs of the government operations committees of the senate and house of representatives, and the chairs of the finance, ways and means committees of the senate and house of representatives on or before September 30 of each year an annual report for the prior fiscal year that details the total funds deposited into the opioid abatement fund, the abatement strategies funded, and any disbursement or expenses paid from the opioid abatement fund.
Added by 2021 Tenn. Acts, ch. 491, s 8, eff. 5/24/2021.
Tenn. Code Ann. § 33-6-101 — TN Code / Title 33 / Chapter 6 / Section 33-6-101
Applicability of title to persons with mental illness and serious emotional disturbance
Status: in_force

Services to persons with mental illness and serious emotional disturbance are governed generally by this title, including chapters 1-4, 7, 8 and 9. Acts 2000, ch. 947, § 1.
Services to persons with mental illness and serious emotional disturbance are governed generally by this title, including chapters 1-4, 7, 8 and 9.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-803 — TN Code / Title 33 / Chapter 6 / Section 33-6-803
Certification for treatment
Status: in_force

If, as a result of the examination provided for in § 33-6-802 , it is found that the convicted person is capable of being successfully treated, this fact shall be certified by the examining official or officials to the commissioner of correction, together with the suggested treatment, whereupon, the commissioner of correction shall provide the treatment. Acts 1957, ch. 288, § 4; 1975, ch. 248, § 1; T.C.A., § 33-1304; Acts 1989, ch. 311, § 2; T.C.A., § 33-6-304 ; Acts 2000, ch. 947, § 1.
If, as a result of the examination provided for in § 33-6-802 , it is found that the convicted person is capable of being successfully treated, this fact shall be certified by the examining official or officials to the commissioner of correction, together with the suggested treatment, whereupon, the commissioner of correction shall provide the treatment.
Acts 1957, ch. 288, § 4; 1975, ch. 248, § 1; T.C.A., § 33-1304; Acts 1989, ch. 311, § 2; T.C.A., § 33-6-304 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-401 — TN Code / Title 33 / Chapter 3 / Section 33-3-401
Mentally ill or intellectually disabled minors in youth development centers
Status: in_force

(a) If the chief officer of a youth development center of the department of children's services determines, on the basis of a written report of a licensed physician or licensed psychologist designated as a health service provider, that a person in the youth development center: (1) Has serious emotional disturbance, mental illness, or intellectual disability; and (2) Is in need of residential care and treatment for the condition that cannot be provided by the department of children's services and that can be provided at a residential facility of the department of mental health and substance abuse services, the chief officer of the youth development center shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer. (b) (1) If the person does not object to the transfer within twenty-four (24) hours of notice of the proposed transfer, the person shall be transferred to the appropriate residential program of the department of mental health and substance abuse services that is designated by the commissioner of mental health and substance abuse services as having available suitable accommodations. The department of children's services shall retain legal custody of the person after the person has been transferred to an appropriate residential program of the department of mental health and substance abuse services. (2) If the person objects to the transfer within twenty-four (24) hours of notice of the proposed transfer, the chief officer of the youth development center shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person shall remain in the youth development center pending the decision of the transfer committee. Amended by 2024 Tenn. Acts, ch. 688,s 70, eff. 7/1/2024. Acts 1984, ch. 922, § 34; 1989, ch. 278, § 30; 1989, ch. 513, § 5; 1992, ch. 991, § 13; 1996, ch. 1079, §§ 40-42; 2000, ch. 947, §§ 1, 6; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 36; 2012 , ch. 575, §§ 1, 2.
(a) If the chief officer of a youth development center of the department of children's services determines, on the basis of a written report of a licensed physician or licensed psychologist designated as a health service provider, that a person in the youth development center: (1) Has serious emotional disturbance, mental illness, or intellectual disability; and (2) Is in need of residential care and treatment for the condition that cannot be provided by the department of children's services and that can be provided at a residential facility of the department of mental health and substance abuse services, the chief officer of the youth development center shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer.
(1) Has serious emotional disturbance, mental illness, or intellectual disability; and
(2) Is in need of residential care and treatment for the condition that cannot be provided by the department of children's services and that can be provided at a residential facility of the department of mental health and substance abuse services, the chief officer of the youth development center shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer.
(b) (1) If the person does not object to the transfer within twenty-four (24) hours of notice of the proposed transfer, the person shall be transferred to the appropriate residential program of the department of mental health and substance abuse services that is designated by the commissioner of mental health and substance abuse services as having available suitable accommodations. The department of children's services shall retain legal custody of the person after the person has been transferred to an appropriate residential program of the department of mental health and substance abuse services. (2) If the person objects to the transfer within twenty-four (24) hours of notice of the proposed transfer, the chief officer of the youth development center shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person shall remain in the youth development center pending the decision of the transfer committee.
(1) If the person does not object to the transfer within twenty-four (24) hours of notice of the proposed transfer, the person shall be transferred to the appropriate residential program of the department of mental health and substance abuse services that is designated by the commissioner of mental health and substance abuse services as having available suitable accommodations. The department of children's services shall retain legal custody of the person after the person has been transferred to an appropriate residential program of the department of mental health and substance abuse services.
(2) If the person objects to the transfer within twenty-four (24) hours of notice of the proposed transfer, the chief officer of the youth development center shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person shall remain in the youth development center pending the decision of the transfer committee.
Amended by 2024 Tenn. Acts, ch. 688,s 70, eff. 7/1/2024.
Acts 1984, ch. 922, § 34; 1989, ch. 278, § 30; 1989, ch. 513, § 5; 1992, ch. 991, § 13; 1996, ch. 1079, §§ 40-42; 2000, ch. 947, §§ 1, 6; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 36; 2012 , ch. 575, §§ 1, 2.
Tenn. Code Ann. § 33-3-208 — TN Code / Title 33 / Chapter 3 / Section 33-3-208
Duty of employees who transmit or record patient communications
Status: in_force

IF AND ONLY IF (1) an employee of a service provider is normally responsible for transmitting or recording communications from a service recipient to a qualified mental health professional or behavior analyst, AND (2) the employee receives a communication from a service recipient of an actual threat of bodily harm against a clearly identified victim, THEN (3) the employee shall communicate the threat to the professional employed by the service provider. Acts 1989, ch. 549, § 1; T.C.A., § 33-10-303; Acts 2000, ch. 947, § 1; 2001, ch. 334, § 4; 2002, ch. 730, § 17.
IF AND ONLY IF
(1) an employee of a service provider is normally responsible for transmitting or recording communications from a service recipient to a qualified mental health professional or behavior analyst, AND
(2) the employee receives a communication from a service recipient of an actual threat of bodily harm against a clearly identified victim, THEN
THEN
(3) the employee shall communicate the threat to the professional employed by the service provider.
Acts 1989, ch. 549, § 1; T.C.A., § 33-10-303; Acts 2000, ch. 947, § 1; 2001, ch. 334, § 4; 2002, ch. 730, § 17.
Tenn. Code Ann. § 33-8-103 — TN Code / Title 33 / Chapter 8 / Section 33-8-103
Children as priority population
Status: in_force

Children with serious emotional disturbances are a priority population for the department's mental health services and supports. The department shall set the array of services and supports for these priority populations annually in its plan. The state will fund and the department will maintain the array of services and supports for persons in this priority population. Consistent with applicable eligibility requirements, the state may provide the funding for the services through the medicaid program or any waiver granted under the medicaid program, specifically including TennCare, other public funds, or private funds. Amended by 2024 Tenn. Acts, ch. 688,s 93, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
Children with serious emotional disturbances are a priority population for the department's mental health services and supports. The department shall set the array of services and supports for these priority populations annually in its plan. The state will fund and the department will maintain the array of services and supports for persons in this priority population. Consistent with applicable eligibility requirements, the state may provide the funding for the services through the medicaid program or any waiver granted under the medicaid program, specifically including TennCare, other public funds, or private funds.
Amended by 2024 Tenn. Acts, ch. 688,s 93, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-204 — TN Code / Title 33 / Chapter 6 / Section 33-6-204
Admissions review committee - Members - Expenses
Status: in_force

The admissions review committee consists of four (4) persons. Two (2) members shall be appointed from the hospital or treatment resource by the chief officer and two (2) members shall be appointed from the community contiguous to the hospital or treatment resource by the chair of the state commission on children and youth. The members appointed by the chair of the state commission on children and youth shall not be employees or staff members of the hospital or treatment resource. The committee members shall be trained or experienced specifically in child mental health. Committee members shall serve voluntarily, and the hospital or treatment resource shall reimburse them for their travel and per diem living expenses. Acts 2000, ch. 947, § 1.
The admissions review committee consists of four (4) persons. Two (2) members shall be appointed from the hospital or treatment resource by the chief officer and two (2) members shall be appointed from the community contiguous to the hospital or treatment resource by the chair of the state commission on children and youth. The members appointed by the chair of the state commission on children and youth shall not be employees or staff members of the hospital or treatment resource. The committee members shall be trained or experienced specifically in child mental health. Committee members shall serve voluntarily, and the hospital or treatment resource shall reimburse them for their travel and per diem living expenses.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-212 — TN Code / Title 33 / Chapter 3 / Section 33-3-212
Immunity for refusal to perform act prohibited by this title
Status: in_force

IF (1) (A) a person has refused to perform any act that is prohibited by or is not lawful under this title, OR (B) a person has relinquished authority over a service recipient based on a decision by another to whom this title gives express authority to make the decision, THEN (2) no monetary liability and no cause of action may arise against the person or the service provider in whose service the person was acting for the conduct. Acts 2000, ch. 947, § 1.
IF
(1) (A) a person has refused to perform any act that is prohibited by or is not lawful under this title, OR (B) a person has relinquished authority over a service recipient based on a decision by another to whom this title gives express authority to make the decision, THEN
(A) a person has refused to perform any act that is prohibited by or is not lawful under this title, OR
(B) a person has relinquished authority over a service recipient based on a decision by another to whom this title gives express authority to make the decision, THEN
THEN
(2) no monetary liability and no cause of action may arise against the person or the service provider in whose service the person was acting for the conduct.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1002 — TN Code / Title 33 / Chapter 6 / Section 33-6-1002
"Incapable of making mental health treatment decisions" defined
Status: in_force

IF AND ONLY IF (1) (A) a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR (B) (i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND (ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN (2) the person is incapable of making mental health treatment decisions for purposes of this part. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 49.
IF AND ONLY IF
(1) (A) a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR (B) (i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND (ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN
(A) a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR
(B) (i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND (ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN
(i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND
(a) two (2) physicians examine a person, OR
(b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND
(ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN
THEN
(2) the person is incapable of making mental health treatment decisions for purposes of this part.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 49.
Tenn. Code Ann. § 33-7-405 — TN Code / Title 33 / Chapter 7 / Section 33-7-405
Referral to other service provider where services under this part not effective
Status: in_force

If after two (2) years of intensive services for competence to stand trial under § 33-7-401 , the person has not made substantial progress to attain competence to stand trial, the service provider shall assess the person's needs and may terminate the service plan and recommend to the court that the person be referred to other mental health services as deemed appropriate. The service provider shall report its conclusion to the court before terminating services. Acts 2000, ch. 947, § 1.
If after two (2) years of intensive services for competence to stand trial under § 33-7-401 , the person has not made substantial progress to attain competence to stand trial, the service provider shall assess the person's needs and may terminate the service plan and recommend to the court that the person be referred to other mental health services as deemed appropriate. The service provider shall report its conclusion to the court before terminating services.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1008 — TN Code / Title 33 / Chapter 6 / Section 33-6-1008
New mental health care provider to receive copy of declaration
Status: in_force

(a) If a mental health service provider has a person's declaration for mental health treatment and learns that the person is being provided mental health treatment by another provider, the mental health service provider shall provide the current service provider with a copy of the declaration. (b) If a mental health service provider knows that a person has revoked a declaration for mental health treatment and learns that the person is being provided mental health treatment by another provider, the mental health service provider shall notify the current service provider of the revoked declaration. Acts 2000, ch. 947, § 1.
(a) If a mental health service provider has a person's declaration for mental health treatment and learns that the person is being provided mental health treatment by another provider, the mental health service provider shall provide the current service provider with a copy of the declaration.
(b) If a mental health service provider knows that a person has revoked a declaration for mental health treatment and learns that the person is being provided mental health treatment by another provider, the mental health service provider shall notify the current service provider of the revoked declaration.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-206 — TN Code / Title 33 / Chapter 3 / Section 33-3-206
Duty to predict, warn or take precautions to provide protection - Liability
Status: in_force

(a) IF AND ONLY IF: (1) A service recipient has communicated to a qualified mental health professional or behavior analyst an: (A) Intent for actual threat of bodily harm against a clearly identified victim, OR (B) Intent for actual threat of bodily harm against a group of people, including, but not limited to, students at a day care or school, people at a place of worship, and members of the service recipient's family, AND (2) The qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's or analyst's specialty under similar circumstances, 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, THEN (3) The professional or analyst shall: (A) Take reasonable care to warn of or take precautions to protect the identified victim or group of people from the service recipient's violent behavior, AND (B) Report the threat to: (i) The local law enforcement agency with jurisdiction over the municipality or county of residence of the service recipient, OR (ii) IF the threat is general and not imminent or clearly identified, 988 or local crisis response service. (b) A qualified mental health professional or behavior analyst who acts or makes a reasonable attempt to act in accordance with subsection (a) is not liable for damages in a civil action, subject to prosecution in a criminal proceeding, or subject to disciplinary action by a regulatory board for such act or reasonable attempt to act. (c) Inpatient hospitalization of the service recipient discharges the duty to warn imposed on a qualified mental health professional or behavior analyst by this section. Amended by 2024 Tenn. Acts, ch. 783,s 1, eff. 4/23/2024. Acts 1989, ch. 549, § 1; T.C.A., § 33-10-302(a) ; Acts 2000, ch. 947, § 1; 2001, ch. 334, § 3; 2002, ch. 730, § 17.
(a) IF AND ONLY IF: (1) A service recipient has communicated to a qualified mental health professional or behavior analyst an: (A) Intent for actual threat of bodily harm against a clearly identified victim, OR (B) Intent for actual threat of bodily harm against a group of people, including, but not limited to, students at a day care or school, people at a place of worship, and members of the service recipient's family, AND (2) The qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's or analyst's specialty under similar circumstances, 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, THEN (3) The professional or analyst shall: (A) Take reasonable care to warn of or take precautions to protect the identified victim or group of people from the service recipient's violent behavior, AND (B) Report the threat to: (i) The local law enforcement agency with jurisdiction over the municipality or county of residence of the service recipient, OR (ii) IF the threat is general and not imminent or clearly identified, 988 or local crisis response service.
(1) A service recipient has communicated to a qualified mental health professional or behavior analyst an: (A) Intent for actual threat of bodily harm against a clearly identified victim, OR (B) Intent for actual threat of bodily harm against a group of people, including, but not limited to, students at a day care or school, people at a place of worship, and members of the service recipient's family, AND
(A) Intent for actual threat of bodily harm against a clearly identified victim, OR
(B) Intent for actual threat of bodily harm against a group of people, including, but not limited to, students at a day care or school, people at a place of worship, and members of the service recipient's family, AND
(2) The qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's or analyst's specialty under similar circumstances, 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, THEN
THEN
(3) The professional or analyst shall: (A) Take reasonable care to warn of or take precautions to protect the identified victim or group of people from the service recipient's violent behavior, AND (B) Report the threat to: (i) The local law enforcement agency with jurisdiction over the municipality or county of residence of the service recipient, OR (ii) IF the threat is general and not imminent or clearly identified, 988 or local crisis response service.
(A) Take reasonable care to warn of or take precautions to protect the identified victim or group of people from the service recipient's violent behavior, AND
(B) Report the threat to: (i) The local law enforcement agency with jurisdiction over the municipality or county of residence of the service recipient, OR (ii) IF the threat is general and not imminent or clearly identified, 988 or local crisis response service.
(i) The local law enforcement agency with jurisdiction over the municipality or county of residence of the service recipient, OR
(ii) IF the threat is general and not imminent or clearly identified, 988 or local crisis response service.
(b) A qualified mental health professional or behavior analyst who acts or makes a reasonable attempt to act in accordance with subsection (a) is not liable for damages in a civil action, subject to prosecution in a criminal proceeding, or subject to disciplinary action by a regulatory board for such act or reasonable attempt to act.
(c) Inpatient hospitalization of the service recipient discharges the duty to warn imposed on a qualified mental health professional or behavior analyst by this section.
Amended by 2024 Tenn. Acts, ch. 783,s 1, eff. 4/23/2024.
Acts 1989, ch. 549, § 1; T.C.A., § 33-10-302(a) ; Acts 2000, ch. 947, § 1; 2001, ch. 334, § 3; 2002, ch. 730, § 17.
Tenn. Code Ann. § 33-10-503 — TN Code / Title 33 / Chapter 10 / Section 33-10-503
Creation of the comprehensive alcohol, tobacco and other drug prevention program grant
Status: in_force

There is created, within the department, the comprehensive alcohol, tobacco and other drug prevention program grant. Acts 2005, ch. 484, § 4; 2009, ch. 186, § 42; T.C.A. § 68-1-603 ; Acts 2010, ch. 1100, § 24.
There is created, within the department, the comprehensive alcohol, tobacco and other drug prevention program grant.
Acts 2005, ch. 484, § 4; 2009, ch. 186, § 42; T.C.A. § 68-1-603 ; Acts 2010, ch. 1100, § 24.
Tenn. Code Ann. § 33-2-106 — TN Code / Title 33 / Chapter 2 / Section 33-2-106
Legislative intent - Alleviation of geographical disparities
Status: in_force

(a) It is the intent of the general assembly that the system of care developed to reflect § 33-2-102 provides a comprehensive array of services and supports that are geographically available, equitably and efficiently allocated statewide and in each grand division of the state, that allows people to be in their own community settings, based on the needs and choices of individuals and families served. Services and supports provided to persons generally and as part of the medical assistance program, pursuant to title 71, chapter 5, shall seek to alleviate geographic service and support disparities across the state and its grand divisions. In striving to alleviate the geographic disparities, the state should seek to allocate budget improvements and other new resources in a manner that promotes equitable distribution of services and supports among the grand divisions of the state. (b) In order to implement subsection (a), the state shall strive to avoid gaps in services and endeavor to achieve a delivery system that ensures that services are available to service recipients on a substantially equitable basis, regardless of place of residence within the state. To that end, the commissioner of finance and administration shall report to the health and welfare committee of the senate and the health committee of the house of representatives, no later than January 15, 2008, and annually thereafter, on the following indicators of equity in the service delivery system: (1) The extent to which special services and programs such as programs for assertive community treatment (PACT), crisis stabilization units, resiliency and recovery programs, etc. are available on a substantially equitable basis throughout the state; (2) The extent to which psychiatric and medical services of the same level, intensity, and duration are available on a substantially equitable basis throughout the state; and (3) The extent to which rates of service utilization by service recipients are substantially equitable throughout the state. Amended by 2013 Tenn. Acts, ch. 236, s 50, eff. 4/19/2013. Acts 2007 , ch. 429, § 1.
(a) It is the intent of the general assembly that the system of care developed to reflect § 33-2-102 provides a comprehensive array of services and supports that are geographically available, equitably and efficiently allocated statewide and in each grand division of the state, that allows people to be in their own community settings, based on the needs and choices of individuals and families served. Services and supports provided to persons generally and as part of the medical assistance program, pursuant to title 71, chapter 5, shall seek to alleviate geographic service and support disparities across the state and its grand divisions. In striving to alleviate the geographic disparities, the state should seek to allocate budget improvements and other new resources in a manner that promotes equitable distribution of services and supports among the grand divisions of the state.
(b) In order to implement subsection (a), the state shall strive to avoid gaps in services and endeavor to achieve a delivery system that ensures that services are available to service recipients on a substantially equitable basis, regardless of place of residence within the state. To that end, the commissioner of finance and administration shall report to the health and welfare committee of the senate and the health committee of the house of representatives, no later than January 15, 2008, and annually thereafter, on the following indicators of equity in the service delivery system: (1) The extent to which special services and programs such as programs for assertive community treatment (PACT), crisis stabilization units, resiliency and recovery programs, etc. are available on a substantially equitable basis throughout the state; (2) The extent to which psychiatric and medical services of the same level, intensity, and duration are available on a substantially equitable basis throughout the state; and (3) The extent to which rates of service utilization by service recipients are substantially equitable throughout the state.
(1) The extent to which special services and programs such as programs for assertive community treatment (PACT), crisis stabilization units, resiliency and recovery programs, etc. are available on a substantially equitable basis throughout the state;
(2) The extent to which psychiatric and medical services of the same level, intensity, and duration are available on a substantially equitable basis throughout the state; and
(3) The extent to which rates of service utilization by service recipients are substantially equitable throughout the state.
Amended by 2013 Tenn. Acts, ch. 236, s 50, eff. 4/19/2013.
Acts 2007 , ch. 429, § 1.
Tenn. Code Ann. § 33-3-406 — TN Code / Title 33 / Chapter 3 / Section 33-3-406
Approval or disapproval of transfer
Status: in_force

(a) If the committee determines that the transfer meets the standards for a transfer under this part, it shall approve the transfer. The chair shall immediately give the person written notice of the committee's decision and a summary of the factual basis for the decision and a complaint form for review of the transfer in the circuit court under part 7 of this chapter. (b) If the transfer committee determines that the transfer does not meet the standards for a transfer under this part, it shall disapprove the transfer, and if the person has already been transferred, shall order the person returned to the transferring facility. The chair shall immediately give the person written notice of the committee's decision and a summary of the factual basis for the decision. Acts 1984, ch. 922, § 34; 1989, ch. 513, § 6; 2000, ch. 947, § 1.
(a) If the committee determines that the transfer meets the standards for a transfer under this part, it shall approve the transfer. The chair shall immediately give the person written notice of the committee's decision and a summary of the factual basis for the decision and a complaint form for review of the transfer in the circuit court under part 7 of this chapter.
(b) If the transfer committee determines that the transfer does not meet the standards for a transfer under this part, it shall disapprove the transfer, and if the person has already been transferred, shall order the person returned to the transferring facility. The chair shall immediately give the person written notice of the committee's decision and a summary of the factual basis for the decision.
Acts 1984, ch. 922, § 34; 1989, ch. 513, § 6; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-615 — TN Code / Title 33 / Chapter 6 / Section 33-6-615
Findings by qualified mental health professional - Recommitment - Notice to representative, next of kin and court
Status: in_force

IF (1) the qualified mental health professional determines that: (A) the person with mental illness or serious emotional disturbance is out of compliance with the treatment plan without good cause, and (B) (i) the person cannot be put immediately in compliance with the treatment plan, or (ii) the person cannot be expected to stay in compliance without further hospitalization, or (iii) the person does not comply immediately with the treatment plan, THEN (2) the qualified mental health professional shall contact the sheriff, AND (3) the sheriff shall immediately transport the person to the hospital from which the person was discharged, AND (4) the hospital shall admit the person and give notice of the temporary recommitment and that a hearing under § 33-6-610 will be held to the person, the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the court that ordered the temporary recommitment of the person, and to the court where the hospital is located that has the same jurisdiction as the recommitting court. Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(e) ; Acts 2000, ch. 947, § 1.
IF
(1) the qualified mental health professional determines that: (A) the person with mental illness or serious emotional disturbance is out of compliance with the treatment plan without good cause, and (B) (i) the person cannot be put immediately in compliance with the treatment plan, or (ii) the person cannot be expected to stay in compliance without further hospitalization, or (iii) the person does not comply immediately with the treatment plan, THEN
(A) the person with mental illness or serious emotional disturbance is out of compliance with the treatment plan without good cause, and
(B) (i) the person cannot be put immediately in compliance with the treatment plan, or (ii) the person cannot be expected to stay in compliance without further hospitalization, or (iii) the person does not comply immediately with the treatment plan, THEN
(i) the person cannot be put immediately in compliance with the treatment plan, or
(ii) the person cannot be expected to stay in compliance without further hospitalization, or
(iii) the person does not comply immediately with the treatment plan, THEN
THEN
(2) the qualified mental health professional shall contact the sheriff, AND
(3) the sheriff shall immediately transport the person to the hospital from which the person was discharged, AND
(4) the hospital shall admit the person and give notice of the temporary recommitment and that a hearing under § 33-6-610 will be held to the person, the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the court that ordered the temporary recommitment of the person, and to the court where the hospital is located that has the same jurisdiction as the recommitting court.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., § 33-6-204(e) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-106 — TN Code / Title 33 / Chapter 5 / Section 33-5-106
[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(a) ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 25.
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(a) ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 25.
Tenn. Code Ann. § 33-9-101 — TN Code / Title 33 / Chapter 9 / Section 33-9-101
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Executive authority," "governor" and "chief magistrate," respectively, as applied to a request to return any person under this part to or from the District of Columbia, include a justice of the supreme court of the District of Columbia and other authority; (2) "Flight" and "fled" mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings mentioned may have been instituted and are still pending, with the effect of avoiding, impounding, or delaying the action of the court in which the proceedings may have been instituted or are pending, or any such departure from the state where the person demanded then was, if the person then was under detention by law as a person with mental illness and subject to detention; and (3) "State" includes states, territories, districts and insular and other possessions of the United States. Acts 1917, ch. 115, § 2; Shan., §§ 5499a2-5499a4; Code 1932, §§ 9660-9662; T.C.A. (orig. ed.), §§ 33-1001 -- 33-1003; Acts 2000, ch. 947, § 1.
As used in this part, unless the context otherwise requires:
(1) "Executive authority," "governor" and "chief magistrate," respectively, as applied to a request to return any person under this part to or from the District of Columbia, include a justice of the supreme court of the District of Columbia and other authority;
(2) "Flight" and "fled" mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings mentioned may have been instituted and are still pending, with the effect of avoiding, impounding, or delaying the action of the court in which the proceedings may have been instituted or are pending, or any such departure from the state where the person demanded then was, if the person then was under detention by law as a person with mental illness and subject to detention; and
(3) "State" includes states, territories, districts and insular and other possessions of the United States.
Acts 1917, ch. 115, § 2; Shan., §§ 5499a2-5499a4; Code 1932, §§ 9660-9662; T.C.A. (orig. ed.), §§ 33-1001 -- 33-1003; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-425 — TN Code / Title 33 / Chapter 6 / Section 33-6-425
Detention not to be at jail or other criminal custodial facility unless defendant under arrest for crime
Status: in_force

No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime. Acts 2000, ch. 947, § 1.
No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-201 — TN Code / Title 33 / Chapter 3 / Section 33-3-201
Liability of counselor for suicide or attempted suicide of person counseled
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Counseling center" means any nonprofit service operated at least partially with volunteer assistance that provides counseling, assistance or guidance, either in person or by telephone, to persons with mental illness or serious emotional disturbance; and (2) "Counselor" means any psychiatrist, psychologist, licensed psychologist with health service provider designation, certified or licensed marital and family therapist, certified or licensed professional counselor, certified or licensed social worker, or other professional trained in the field of psychiatry or psychology or any nonprofessional person acting under the guidance or supervision of the professionals. (b) A counselor, while acting within the scope of responsibilities assigned by a counseling center, is not liable civilly or criminally for the suicide or attempted suicide of any person consulting the counselor. Acts 1978, ch. 632, §§ 1, 2; T.C.A., §§ 33-1701, 33-1702; §§ 33-17-101, 33-17-102; Acts 1984, ch. 710, § 1; 1990, ch. 760, § 3; T.C.A., §§ 33-10-101 , 33-10-102 ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 16.
(a) As used in this section, unless the context otherwise requires: (1) "Counseling center" means any nonprofit service operated at least partially with volunteer assistance that provides counseling, assistance or guidance, either in person or by telephone, to persons with mental illness or serious emotional disturbance; and (2) "Counselor" means any psychiatrist, psychologist, licensed psychologist with health service provider designation, certified or licensed marital and family therapist, certified or licensed professional counselor, certified or licensed social worker, or other professional trained in the field of psychiatry or psychology or any nonprofessional person acting under the guidance or supervision of the professionals.
(1) "Counseling center" means any nonprofit service operated at least partially with volunteer assistance that provides counseling, assistance or guidance, either in person or by telephone, to persons with mental illness or serious emotional disturbance; and
(2) "Counselor" means any psychiatrist, psychologist, licensed psychologist with health service provider designation, certified or licensed marital and family therapist, certified or licensed professional counselor, certified or licensed social worker, or other professional trained in the field of psychiatry or psychology or any nonprofessional person acting under the guidance or supervision of the professionals.
(b) A counselor, while acting within the scope of responsibilities assigned by a counseling center, is not liable civilly or criminally for the suicide or attempted suicide of any person consulting the counselor.
Acts 1978, ch. 632, §§ 1, 2; T.C.A., §§ 33-1701, 33-1702; §§ 33-17-101, 33-17-102; Acts 1984, ch. 710, § 1; 1990, ch. 760, § 3; T.C.A., §§ 33-10-101 , 33-10-102 ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 16.
Tenn. Code Ann. § 33-6-1007 — TN Code / Title 33 / Chapter 6 / Section 33-6-1007
Declaration superior to powers of conservator
Status: in_force

If a conservator is appointed with powers over the person for mental health treatment, the declaration for mental health treatment shall remain in effect and shall be superior to the powers and duties of the conservator with respect to mental health treatment covered under the declaration. Acts 2000, ch. 947, § 1.
If a conservator is appointed with powers over the person for mental health treatment, the declaration for mental health treatment shall remain in effect and shall be superior to the powers and duties of the conservator with respect to mental health treatment covered under the declaration.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-605 — TN Code / Title 33 / Chapter 3 / Section 33-3-605
Service on defendant
Status: in_force

Upon receipt of a complaint, the clerk shall have a copy of the complaint with a notice of the time and place of the hearing, the defendant's right to counsel, and the standards for commitment that apply to the proceeding served on the defendant by personal service if the person is at liberty, or by mail, if the person is not at liberty, and shall send a copy by mail to the defendant's attorney, the chief officer of a facility in which the defendant is, and the defendant's legal guardian, legal custodian, or conservator, if any, and to the spouse, parent, or adult next of kin if there is no guardian or conservator. If mailing addresses are unknown, notice may be given by any other reasonable means. Acts 1983, ch. 323, § 9; T.C.A., § 33-364; Acts 1984, ch. 922, §§ 16, 17; 1987, ch. 143, § 3; 1996, ch. 1079, § 53; 2000, ch. 947, §§ 1, 6.
Upon receipt of a complaint, the clerk shall have a copy of the complaint with a notice of the time and place of the hearing, the defendant's right to counsel, and the standards for commitment that apply to the proceeding served on the defendant by personal service if the person is at liberty, or by mail, if the person is not at liberty, and shall send a copy by mail to the defendant's attorney, the chief officer of a facility in which the defendant is, and the defendant's legal guardian, legal custodian, or conservator, if any, and to the spouse, parent, or adult next of kin if there is no guardian or conservator. If mailing addresses are unknown, notice may be given by any other reasonable means.
Acts 1983, ch. 323, § 9; T.C.A., § 33-364; Acts 1984, ch. 922, §§ 16, 17; 1987, ch. 143, § 3; 1996, ch. 1079, § 53; 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-6-505 — TN Code / Title 33 / Chapter 6 / Section 33-6-505
Commitment to state facility
Status: in_force

If the court commits a person under this section, the person comes into the commissioner's custody only if the state-owned or operated facility or treatment resource has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a person for such commitment, the sheriff or other transportation agent shall determine that the receiving state-owned or operated facility or treatment resource has available suitable accommodations. Acts 2000, ch. 947, § 1; 2009, ch. 531, § 42.
If the court commits a person under this section, the person comes into the commissioner's custody only if the state-owned or operated facility or treatment resource has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a person for such commitment, the sheriff or other transportation agent shall determine that the receiving state-owned or operated facility or treatment resource has available suitable accommodations.
Acts 2000, ch. 947, § 1; 2009, ch. 531, § 42.
Tenn. Code Ann. § 33-10-403 — TN Code / Title 33 / Chapter 10 / Section 33-10-403
Legislative policy and findings
Status: in_force

(a) It is the policy of this state that intoxicated persons should be afforded a continuum of treatment so they might lead normal lives as productive members of society. (b) The general assembly finds that alcoholism and intoxication are matters of statewide concern. (c) The general assembly recognizes the character and pervasiveness of alcohol abuse and alcoholism and that public intoxication and alcoholism are health problems that should be handled by public health rather than criminal procedures, when proper facilities, procedures and services as defined and set forth in this part are available. (d) The general assembly finds that this health problem has been seriously neglected and that the costs and the waste of human resources caused by alcohol abuse and alcoholism are massive, tragic and no longer acceptable. (e) The general assembly finds that the best interests of this state demand a locally-oriented attack on the massive alcohol abuse and alcoholism problem. (f) The general assembly finds that the handling of intoxicated persons as criminals contributes to jail overcrowding and the consumption of resources needed for the handling of more serious and violent matters. (g) The general assembly finds that there is a need for alternative programs in this state for the detention and treatment of persons intoxicated or incapacitated by alcohol. Acts 1990, ch. 639, § 2; 1993, ch. 234, § 8; T.C.A., § 33-8-503; Acts 2009, ch. 186, § 28; T.C.A. § 68-24-503
(a) It is the policy of this state that intoxicated persons should be afforded a continuum of treatment so they might lead normal lives as productive members of society.
(b) The general assembly finds that alcoholism and intoxication are matters of statewide concern.
(c) The general assembly recognizes the character and pervasiveness of alcohol abuse and alcoholism and that public intoxication and alcoholism are health problems that should be handled by public health rather than criminal procedures, when proper facilities, procedures and services as defined and set forth in this part are available.
(d) The general assembly finds that this health problem has been seriously neglected and that the costs and the waste of human resources caused by alcohol abuse and alcoholism are massive, tragic and no longer acceptable.
(e) The general assembly finds that the best interests of this state demand a locally-oriented attack on the massive alcohol abuse and alcoholism problem.
(f) The general assembly finds that the handling of intoxicated persons as criminals contributes to jail overcrowding and the consumption of resources needed for the handling of more serious and violent matters.
(g) The general assembly finds that there is a need for alternative programs in this state for the detention and treatment of persons intoxicated or incapacitated by alcohol.
Acts 1990, ch. 639, § 2; 1993, ch. 234, § 8; T.C.A., § 33-8-503; Acts 2009, ch. 186, § 28; T.C.A. § 68-24-503
Tenn. Code Ann. § 33-2-707 — TN Code / Title 33 / Chapter 2 / Section 33-2-707
Application fees
Status: in_force

The department has the authority to establish reasonable application fees to cover the actual costs of administering this part by rules adopted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department is authorized to adopt necessary rules to implement this part in accordance with the Uniform Administrative Procedures Act. Acts 1998, ch. 1005, § 7; T.C.A., § 33-2-907; Acts 2000, ch. 947, § 1; 2003, ch. 149, § 1.
The department has the authority to establish reasonable application fees to cover the actual costs of administering this part by rules adopted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department is authorized to adopt necessary rules to implement this part in accordance with the Uniform Administrative Procedures Act.
Acts 1998, ch. 1005, § 7; T.C.A., § 33-2-907; Acts 2000, ch. 947, § 1; 2003, ch. 149, § 1.
Tenn. Code Ann. § 33-2-423 — TN Code / Title 33 / Chapter 2 / Section 33-2-423
Prohibited marketing practices
Status: in_force

(a) The general assembly recognizes that consumers of substance abuse treatment have disabling conditions and that consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, a service provider of alcohol and drug services or an operator of an alcohol and drug treatment facility (ADTF) shall not engage in any of the following marketing practices: (1) Making a materially false or misleading statement or providing materially false or misleading information about the provider's or operator's identity, products, goods, services, or geographical locations in its marketing, advertising materials, or media or on its website; (2) Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website; (3) Soliciting, receiving, or making an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engaging or making an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgement of treatment from a service provider of alcohol and drug services or ADTF; or (4) Entering into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a service provider of alcohol and drug services or in an ADTF through a call center or a web-based presence. This subdivision (a)(4) shall not apply if the service provider of alcohol and drug services or the operator of the ADTF discloses to the prospective patient, so that the patient can make an informed healthcare decision, in clear and concise language and instructions that allow the prospective patient to easily determine whether the marketing provider represents specific service providers or recovery residences that pay a fee to the marketing provider, and the identity of such service providers of alcohol and drug services or ADTF. (b) In addition to any other punishment authorized by law, a person or entity that knowingly violates this section is subject to suspension or revocation of the person's or entity's license pursuant to § 33-2-407 and the imposition of civil penalties under § 33-2-409 . Acts 2018, ch. 855, § 1.
(a) The general assembly recognizes that consumers of substance abuse treatment have disabling conditions and that consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, a service provider of alcohol and drug services or an operator of an alcohol and drug treatment facility (ADTF) shall not engage in any of the following marketing practices: (1) Making a materially false or misleading statement or providing materially false or misleading information about the provider's or operator's identity, products, goods, services, or geographical locations in its marketing, advertising materials, or media or on its website; (2) Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website; (3) Soliciting, receiving, or making an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engaging or making an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgement of treatment from a service provider of alcohol and drug services or ADTF; or (4) Entering into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a service provider of alcohol and drug services or in an ADTF through a call center or a web-based presence. This subdivision (a)(4) shall not apply if the service provider of alcohol and drug services or the operator of the ADTF discloses to the prospective patient, so that the patient can make an informed healthcare decision, in clear and concise language and instructions that allow the prospective patient to easily determine whether the marketing provider represents specific service providers or recovery residences that pay a fee to the marketing provider, and the identity of such service providers of alcohol and drug services or ADTF.
(1) Making a materially false or misleading statement or providing materially false or misleading information about the provider's or operator's identity, products, goods, services, or geographical locations in its marketing, advertising materials, or media or on its website;
(2) Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website;
(3) Soliciting, receiving, or making an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engaging or making an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgement of treatment from a service provider of alcohol and drug services or ADTF; or
(4) Entering into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a service provider of alcohol and drug services or in an ADTF through a call center or a web-based presence. This subdivision (a)(4) shall not apply if the service provider of alcohol and drug services or the operator of the ADTF discloses to the prospective patient, so that the patient can make an informed healthcare decision, in clear and concise language and instructions that allow the prospective patient to easily determine whether the marketing provider represents specific service providers or recovery residences that pay a fee to the marketing provider, and the identity of such service providers of alcohol and drug services or ADTF.
(b) In addition to any other punishment authorized by law, a person or entity that knowingly violates this section is subject to suspension or revocation of the person's or entity's license pursuant to § 33-2-407 and the imposition of civil penalties under § 33-2-409 .
Acts 2018, ch. 855, § 1.
Tenn. Code Ann. § 33-5-112 — TN Code / Title 33 / Chapter 5 / Section 33-5-112
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Amended by 2018 Tenn. Acts, ch. 986, s 1, eff. 5/21/2018. Amended by 2016 Tenn. Acts, ch. 707, s 1, eff. 4/6/2016. Added by 2015 Tenn. Acts, ch. 430, s 1, eff. 7/1/2015.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 986, s 1, eff. 5/21/2018.
Amended by 2016 Tenn. Acts, ch. 707, s 1, eff. 4/6/2016.
Added by 2015 Tenn. Acts, ch. 430, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 33-1-401 — TN Code / Title 33 / Chapter 1 / Section 33-1-401
Statewide planning and policy council created - Chair - Officers - Membership - Expenses - Meetings - Terms of service - Removal
Status: in_force

(a) There is created the statewide planning and policy council for the department of mental health and substance abuse services to assist in planning a comprehensive array of high quality prevention, early intervention, treatment, and habilitation services and supports and to advise the department on policy, budget requests, and developing and evaluating services and supports. (b) (1) The statewide planning and policy council shall be composed of not less than eleven (11) members, not including ex officio members. The governor shall appoint the chair of the council. The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator as a member of the council. The commissioner of mental health and substance abuse services shall serve, ex officio, as secretary to the council and, if the chair is not present at a meeting, shall designate a member to serve as chair for the meeting. The governor is ex officio a member of the council and may appoint representatives of state agencies as ex officio members of the council. (2) The commissioner of mental health and substance abuse services shall appoint five (5) members to represent mental health, of which, two (2) shall be service recipients or members of families of service recipients, one (1) shall be a representative for children, one (1) shall be a mental health service provider, and one (1) shall represent others affected by mental health issues. Additionally, the commissioner of mental health and substance abuse services shall appoint one (1) representative for elderly service recipients, one (1) representative for military veteran recipients, and at least one (1) at-large representative. The commissioner may make additional appointments of advocates to represent children and persons affected by substance abuse. (3) At least a majority of the council's membership shall consist of current or former service recipients and members of service recipient families. (c) The members of the statewide planning and policy council shall receive no compensation, but shall receive their actual traveling expenses for attendance at meetings of the council. All reimbursement for travel expenses shall be in conformity with the comprehensive travel rules. (d) The statewide planning and policy council shall meet quarterly at a place designated by the chair and may meet more often upon the call of the chair or a majority of the members. (e) Terms on the council shall be three (3) years except that the chair and members appointed by the speakers shall have terms of two (2) years. Vacancies of the council shall be filled by appointment for unexpired terms only. (f) The appointing authority may remove a member for failure to attend at least one-half (½) of the scheduled meetings in any one (1) year period or for other good cause. Amended by 2018 Tenn. Acts, ch. 732, s 1, eff. 4/18/2018. Acts 2000, ch. 947, § 1; 2010 , ch. 1100, § 30; 2012 , ch. 575, §§ 1, 2.
(a) There is created the statewide planning and policy council for the department of mental health and substance abuse services to assist in planning a comprehensive array of high quality prevention, early intervention, treatment, and habilitation services and supports and to advise the department on policy, budget requests, and developing and evaluating services and supports.
(b) (1) The statewide planning and policy council shall be composed of not less than eleven (11) members, not including ex officio members. The governor shall appoint the chair of the council. The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator as a member of the council. The commissioner of mental health and substance abuse services shall serve, ex officio, as secretary to the council and, if the chair is not present at a meeting, shall designate a member to serve as chair for the meeting. The governor is ex officio a member of the council and may appoint representatives of state agencies as ex officio members of the council. (2) The commissioner of mental health and substance abuse services shall appoint five (5) members to represent mental health, of which, two (2) shall be service recipients or members of families of service recipients, one (1) shall be a representative for children, one (1) shall be a mental health service provider, and one (1) shall represent others affected by mental health issues. Additionally, the commissioner of mental health and substance abuse services shall appoint one (1) representative for elderly service recipients, one (1) representative for military veteran recipients, and at least one (1) at-large representative. The commissioner may make additional appointments of advocates to represent children and persons affected by substance abuse. (3) At least a majority of the council's membership shall consist of current or former service recipients and members of service recipient families.
(1) The statewide planning and policy council shall be composed of not less than eleven (11) members, not including ex officio members. The governor shall appoint the chair of the council. The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator as a member of the council. The commissioner of mental health and substance abuse services shall serve, ex officio, as secretary to the council and, if the chair is not present at a meeting, shall designate a member to serve as chair for the meeting. The governor is ex officio a member of the council and may appoint representatives of state agencies as ex officio members of the council.
(2) The commissioner of mental health and substance abuse services shall appoint five (5) members to represent mental health, of which, two (2) shall be service recipients or members of families of service recipients, one (1) shall be a representative for children, one (1) shall be a mental health service provider, and one (1) shall represent others affected by mental health issues. Additionally, the commissioner of mental health and substance abuse services shall appoint one (1) representative for elderly service recipients, one (1) representative for military veteran recipients, and at least one (1) at-large representative. The commissioner may make additional appointments of advocates to represent children and persons affected by substance abuse.
(3) At least a majority of the council's membership shall consist of current or former service recipients and members of service recipient families.
(c) The members of the statewide planning and policy council shall receive no compensation, but shall receive their actual traveling expenses for attendance at meetings of the council. All reimbursement for travel expenses shall be in conformity with the comprehensive travel rules.
(d) The statewide planning and policy council shall meet quarterly at a place designated by the chair and may meet more often upon the call of the chair or a majority of the members.
(e) Terms on the council shall be three (3) years except that the chair and members appointed by the speakers shall have terms of two (2) years. Vacancies of the council shall be filled by appointment for unexpired terms only.
(f) The appointing authority may remove a member for failure to attend at least one-half (½) of the scheduled meetings in any one (1) year period or for other good cause.
Amended by 2018 Tenn. Acts, ch. 732, s 1, eff. 4/18/2018.
Acts 2000, ch. 947, § 1; 2010 , ch. 1100, § 30; 2012 , ch. 575, §§ 1, 2.
Tenn. Code Ann. § 33-2-601 — TN Code / Title 33 / Chapter 2 / Section 33-2-601
Rules for conflict resolution procedures
Status: in_force

The department shall adopt rules for conflict resolution procedures to assure quick resolution, minimize disruption of service and support to service recipients, and minimize the cost of conflicts in providing services and supports. Acts 2000, ch. 947, § 1.
The department shall adopt rules for conflict resolution procedures to assure quick resolution, minimize disruption of service and support to service recipients, and minimize the cost of conflicts in providing services and supports.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-619 — TN Code / Title 33 / Chapter 6 / Section 33-6-619
Dismissal of proceedings pending against person recommitted under this part
Status: in_force

If a person is ordered to be rehospitalized for noncompliance with the treatment plan after a hearing under § 33-6-609 , § 33-6-610 or § 33-6-611 , upon readmission the person shall be held under the authority of the original court order of commitment entered in the proceedings under chapter 6, part 5 of this title, and any other pending proceedings under chapter 6, part 4 or 5 of this title shall be dismissed. Acts 1984, ch. 922, § 32; T.C.A., § 33-6-206 ; Acts 2000, ch. 947, § 1.
If a person is ordered to be rehospitalized for noncompliance with the treatment plan after a hearing under § 33-6-609 , § 33-6-610 or § 33-6-611 , upon readmission the person shall be held under the authority of the original court order of commitment entered in the proceedings under chapter 6, part 5 of this title, and any other pending proceedings under chapter 6, part 4 or 5 of this title shall be dismissed.
Acts 1984, ch. 922, § 32; T.C.A., § 33-6-206 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-105 — TN Code / Title 33 / Chapter 3 / Section 33-3-105
Disclosure of confidential information without consent
Status: in_force

Information that is confidential under § 33-3-103 may be disclosed without consent of the service recipient if: (1) Disclosure is necessary to carry out duties under this title; (2) Disclosure may be necessary to assure service or care to the service recipient by the least drastic means that are suitable to the service recipient's liberty and interests; (3) As a court orders, after a hearing, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure would be contrary to public interest or to the detriment of a party to the proceedings; (4) It is solely information as to a residential service recipient's overall medical condition without clinical details and is sought by the service recipient's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends; (5) A service recipient moves from one service provider to another and exchange of information is necessary for continuity of service; (6) A custodial agent for another state agency that has legal custody of the service recipient cannot perform the agent's duties properly without the information; or (7) Necessary for the preparation of a post-mortem examination report in accordance with § 38-7-110(e) and authorized to be obtained pursuant to § 38-7-117(b) . Amended by 2016 Tenn. Acts, ch. 672,s 1, eff. 3/29/2016. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 10.
Information that is confidential under § 33-3-103 may be disclosed without consent of the service recipient if:
(1) Disclosure is necessary to carry out duties under this title;
(2) Disclosure may be necessary to assure service or care to the service recipient by the least drastic means that are suitable to the service recipient's liberty and interests;
(3) As a court orders, after a hearing, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure would be contrary to public interest or to the detriment of a party to the proceedings;
(4) It is solely information as to a residential service recipient's overall medical condition without clinical details and is sought by the service recipient's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends;
(5) A service recipient moves from one service provider to another and exchange of information is necessary for continuity of service;
(6) A custodial agent for another state agency that has legal custody of the service recipient cannot perform the agent's duties properly without the information; or
(7) Necessary for the preparation of a post-mortem examination report in accordance with § 38-7-110(e) and authorized to be obtained pursuant to § 38-7-117(b) .
Amended by 2016 Tenn. Acts, ch. 672,s 1, eff. 3/29/2016.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 10.
Tenn. Code Ann. § 33-2-409 — TN Code / Title 33 / Chapter 2 / Section 33-2-409
Amount of civil penalties
Status: in_force

(a) A civil penalty of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) may be imposed on a licensee for a violation of a statute or rule. (b) A civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) may be imposed on a licensee for a second or subsequent violation of the same kind committed within twelve (12) months of the first penalty being imposed. Acts 2000, ch. 947, § 1; T.C.A. § 33-2-408 ; Acts 2001, ch. 299, § 1.
(a) A civil penalty of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) may be imposed on a licensee for a violation of a statute or rule.
(b) A civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) may be imposed on a licensee for a second or subsequent violation of the same kind committed within twelve (12) months of the first penalty being imposed.
Acts 2000, ch. 947, § 1; T.C.A. § 33-2-408 ; Acts 2001, ch. 299, § 1.
Tenn. Code Ann. § 33-5-410 — TN Code / Title 33 / Chapter 5 / Section 33-5-410
[Repealed]
Status: repealed

Amended by 2024 Tenn. Acts, ch. 784,s 11, eff. 7/1/2024. Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1980, ch. 822, § 1; 1982, ch. 862, § 2; T.C.A., § 33-313; Acts 1984, ch. 922, § 6; T.C.A., § 33-5-310; Acts 2000, ch. 947, § 1; 2010 , ch. 714, § 1; 2010 , ch. 734, § 1.
Amended by 2024 Tenn. Acts, ch. 784,s 11, eff. 7/1/2024.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1980, ch. 822, § 1; 1982, ch. 862, § 2; T.C.A., § 33-313; Acts 1984, ch. 922, § 6; T.C.A., § 33-5-310; Acts 2000, ch. 947, § 1; 2010 , ch. 714, § 1; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-10-105 — TN Code / Title 33 / Chapter 10 / Section 33-10-105
Admission to inpatient programs
Status: in_force

Admission to inpatient programs under this chapter shall be governed by § 33-6-201 , title 33, chapter 6, part 4 and title 33, chapter 6, part 5. Acts 1973, ch. 295, § 6; 1975, ch. 248, §§ 1, 29; 1976, ch. 763, § 9; 1981, ch. 224, § 20; T.C.A., § 33-806; Acts 1993, ch. 234, § 3; T.C.A., § 33-8-104 ; Acts 2000, ch. 947, §§ 8A, 8C, 8E; 2009, ch. 186, § 19; T.C.A. § 68-24-105 .
Admission to inpatient programs under this chapter shall be governed by § 33-6-201 , title 33, chapter 6, part 4 and title 33, chapter 6, part 5.
Acts 1973, ch. 295, § 6; 1975, ch. 248, §§ 1, 29; 1976, ch. 763, § 9; 1981, ch. 224, § 20; T.C.A., § 33-806; Acts 1993, ch. 234, § 3; T.C.A., § 33-8-104 ; Acts 2000, ch. 947, §§ 8A, 8C, 8E; 2009, ch. 186, § 19; T.C.A. § 68-24-105 .
Tenn. Code Ann. § 33-2-1105 — TN Code / Title 33 / Chapter 2 / Section 33-2-1105
Information from liable parties - Effect of failure to provide information
Status: in_force

(a) The service recipient who receives services and supports, the service recipient's conservator or guardian, and persons who are legally liable for charges for services and supports shall furnish all information that the department deems necessary to determine the person's financial liability. (b) If a person willfully refuses to provide the information or knowingly provides false information that results in an underassessment of liability, the person is liable for the total charges for services and supports provided and for the amount of the state's expenses incurred in recovering the amounts, including attorney salaries or fees. Acts 1983, ch. 323, § 32; 1996, ch. 795, § 5; T.C.A., § 33-4-107 ; Acts 2000, ch. 947, § 1.
(a) The service recipient who receives services and supports, the service recipient's conservator or guardian, and persons who are legally liable for charges for services and supports shall furnish all information that the department deems necessary to determine the person's financial liability.
(b) If a person willfully refuses to provide the information or knowingly provides false information that results in an underassessment of liability, the person is liable for the total charges for services and supports provided and for the amount of the state's expenses incurred in recovering the amounts, including attorney salaries or fees.
Acts 1983, ch. 323, § 32; 1996, ch. 795, § 5; T.C.A., § 33-4-107 ; Acts 2000, ch. 947, § 1.