Tenn. Code Ann. § 33-2-416 — TN Code / Title 33 / Chapter 2 / Section 33-2-416
Department to investigate reports of abuse, dereliction or deficiency in operation of facility - Private cause of action - Departmental remedies
Status: in_force

(a) The department shall investigate reports of serious abuse, dereliction or deficiency in the operation of a licensed service or facility. (b) (1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, shall be presumed to be acting in good faith and shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. (2) Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation. (3) Any person making a report under this part shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report. (c) (1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction or deficiency is found and not corrected in a reasonable time. (2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment shall not exceed a period of one hundred twenty (120) days except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. Nothing in this part takes away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) . Acts 1978, ch. 853, § 13; 1983, ch. 323, § 31; T.C.A., § 33-1812; Acts 1987, ch. 248, § 2; 1994, ch. 760, § 1; T.C.A., § 33-2-512; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-415 ; Acts 2001, ch. 299, § 1.
(a) The department shall investigate reports of serious abuse, dereliction or deficiency in the operation of a licensed service or facility.
(b) (1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, shall be presumed to be acting in good faith and shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. (2) Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation. (3) Any person making a report under this part shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
(1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, shall be presumed to be acting in good faith and shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(2) Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation.
(3) Any person making a report under this part shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
(c) (1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction or deficiency is found and not corrected in a reasonable time. (2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment shall not exceed a period of one hundred twenty (120) days except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. Nothing in this part takes away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) .
(1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction or deficiency is found and not corrected in a reasonable time.
(2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment shall not exceed a period of one hundred twenty (120) days except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. Nothing in this part takes away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) .
Acts 1978, ch. 853, § 13; 1983, ch. 323, § 31; T.C.A., § 33-1812; Acts 1987, ch. 248, § 2; 1994, ch. 760, § 1; T.C.A., § 33-2-512; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-415 ; Acts 2001, ch. 299, § 1.
Tenn. Code Ann. § 33-3-113 — TN Code / Title 33 / Chapter 3 / Section 33-3-113
Request by recipient to have record amended
Status: in_force

(a) If a service recipient requests amendment of the service recipient's record by revision, deletion, or addition to correct the record, the service provider shall, within ten (10) working days after receiving the request, either make the amendment to assure that service recipient's records do not contain inaccurate, irrelevant, or otherwise inappropriate information or inform the service recipient of its refusal, of the reason for the refusal, and of the procedure, if any, for further internal review of the decision. (b) If any provider decides that it will not amend the record in accordance with the request, it shall permit the service recipient to file a concise statement of the reasons for the service recipient's disagreement. (c) If any provider discloses any of the disputed information, it shall clearly note the disputed information and provide a copy of the statement of disagreement. If the provider wishes, it may also provide a concise statement of its reasons for not making the requested amendments. (d) The service recipient may not personally alter the record. Acts 2000, ch. 947, § 1.
(a) If a service recipient requests amendment of the service recipient's record by revision, deletion, or addition to correct the record, the service provider shall, within ten (10) working days after receiving the request, either make the amendment to assure that service recipient's records do not contain inaccurate, irrelevant, or otherwise inappropriate information or inform the service recipient of its refusal, of the reason for the refusal, and of the procedure, if any, for further internal review of the decision.
(b) If any provider decides that it will not amend the record in accordance with the request, it shall permit the service recipient to file a concise statement of the reasons for the service recipient's disagreement.
(c) If any provider discloses any of the disputed information, it shall clearly note the disputed information and provide a copy of the statement of disagreement. If the provider wishes, it may also provide a concise statement of its reasons for not making the requested amendments.
(d) The service recipient may not personally alter the record.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-418 — TN Code / Title 33 / Chapter 6 / Section 33-6-418
Procedure for probable cause hearing
Status: in_force

Probable cause proceedings under § 33-6-422 shall be conducted in conformity with §§ 33-3-610-33-3-615. Acts 2000, ch. 947, § 1.
Probable cause proceedings under § 33-6-422 shall be conducted in conformity with §§ 33-3-610-33-3-615.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-415 — TN Code / Title 33 / Chapter 6 / Section 33-6-415
Treatment not to render defendant unable to participate in probable cause hearing
Status: in_force

Pending the probable cause hearing under § 33-6-422 , no treatment shall be given that will make the defendant unable to consult with counsel or to prepare a defense in proceedings for involuntary care and treatment. No psychosurgery, convulsive treatments, or insulin treatment shall be undertaken for any psychiatric disorder until an order has been entered, after the § 33-6-422 probable cause hearing in accordance with this part, requiring continued involuntary care and treatment of the defendant. Acts 2000, ch. 947, § 1.
Pending the probable cause hearing under § 33-6-422 , no treatment shall be given that will make the defendant unable to consult with counsel or to prepare a defense in proceedings for involuntary care and treatment. No psychosurgery, convulsive treatments, or insulin treatment shall be undertaken for any psychiatric disorder until an order has been entered, after the § 33-6-422 probable cause hearing in accordance with this part, requiring continued involuntary care and treatment of the defendant.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-610 — TN Code / Title 33 / Chapter 6 / Section 33-6-610
Hearing to determine compliance - Findings - Order to comply - Recommitment upon failure or inability to comply
Status: in_force

(a) If the person appears in person before the court, the court shall hold a hearing to determine whether the person is required to be participating in outpatient treatment and is, without good cause, not complying with the treatment plan. (b) The court shall release the person, if the court determines that: (1) The person is complying with the treatment plan; or (2) The person is out of compliance for good cause and will be restored to compliance without further action. (c) If the court determines that the person is out of compliance with the treatment plan without good cause and that the person can be put immediately in compliance with the treatment plan and can be expected to stay in compliance without further hospitalization, the court shall make written findings of fact and conclusions of law on the issues, order the person to comply immediately with the treatment plan, and dismiss the proceedings upon a showing that the person is in compliance. (d) (1) The court shall make written findings of fact and conclusions of law on the issues and order the person recommitted to the hospital from which the person was released, if the court determines that the person is out of compliance with the treatment plan without good cause and that: (A) The person cannot be put in compliance with the treatment plan immediately; or (B) The person cannot be expected to stay in compliance without further hospitalization. (2) The sheriff shall immediately transport the person as ordered, and the hospital shall admit the person and give notice of the recommitment to the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the committing court, and, if the discharge was under § 33-6-708 , to the district attorney general in the committing jurisdiction. Acts 1984, ch. 922, § 29; 1988, ch. 862, § 4; 1996, ch. 1079, § 64; T.C.A., § 33-6-203 ; Acts 2000, ch. 947, § 1.
(a) If the person appears in person before the court, the court shall hold a hearing to determine whether the person is required to be participating in outpatient treatment and is, without good cause, not complying with the treatment plan.
(b) The court shall release the person, if the court determines that: (1) The person is complying with the treatment plan; or (2) The person is out of compliance for good cause and will be restored to compliance without further action.
(1) The person is complying with the treatment plan; or
(2) The person is out of compliance for good cause and will be restored to compliance without further action.
(c) If the court determines that the person is out of compliance with the treatment plan without good cause and that the person can be put immediately in compliance with the treatment plan and can be expected to stay in compliance without further hospitalization, the court shall make written findings of fact and conclusions of law on the issues, order the person to comply immediately with the treatment plan, and dismiss the proceedings upon a showing that the person is in compliance.
(d) (1) The court shall make written findings of fact and conclusions of law on the issues and order the person recommitted to the hospital from which the person was released, if the court determines that the person is out of compliance with the treatment plan without good cause and that: (A) The person cannot be put in compliance with the treatment plan immediately; or (B) The person cannot be expected to stay in compliance without further hospitalization. (2) The sheriff shall immediately transport the person as ordered, and the hospital shall admit the person and give notice of the recommitment to the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the committing court, and, if the discharge was under § 33-6-708 , to the district attorney general in the committing jurisdiction.
(1) The court shall make written findings of fact and conclusions of law on the issues and order the person recommitted to the hospital from which the person was released, if the court determines that the person is out of compliance with the treatment plan without good cause and that: (A) The person cannot be put in compliance with the treatment plan immediately; or (B) The person cannot be expected to stay in compliance without further hospitalization.
(A) The person cannot be put in compliance with the treatment plan immediately; or
(B) The person cannot be expected to stay in compliance without further hospitalization.
(2) The sheriff shall immediately transport the person as ordered, and the hospital shall admit the person and give notice of the recommitment to the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the committing court, and, if the discharge was under § 33-6-708 , to the district attorney general in the committing jurisdiction.
Acts 1984, ch. 922, § 29; 1988, ch. 862, § 4; 1996, ch. 1079, § 64; T.C.A., § 33-6-203 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-801 — TN Code / Title 33 / Chapter 2 / Section 33-2-801
Chief officers of hospitals and developmental centers - Appointment - Authority
Status: in_force

(a) The commissioner shall appoint a chief officer for each facility to serve at the pleasure of the commissioner. (b) The commissioner shall appoint chief officers of facilities without regard to residence on the basis of merit as measured by administrative abilities and a demonstrated quality of leadership. The chief officer shall hold a recognized degree as a psychiatrist, doctor of medicine, behavioral scientist, social scientist, public administrator, hospital administrator, or other profession involved with human development, human welfare, or health administration. (c) Chief officers have all of the authority conferred upon them by this title and such other authority as is delegated to them by the commissioner. Chief officers have the authority to administer oaths. Acts 1965, ch. 82, § 10; 1971, ch. 411, § 2; 1974, ch. 802, § 9; 1978, ch. 617, § 3; T.C.A., § 33-203; Acts 1985, ch. 437, § 1; T.C.A., § 33-2-103 ; Acts 2000, ch. 947, § 1.
(a) The commissioner shall appoint a chief officer for each facility to serve at the pleasure of the commissioner.
(b) The commissioner shall appoint chief officers of facilities without regard to residence on the basis of merit as measured by administrative abilities and a demonstrated quality of leadership. The chief officer shall hold a recognized degree as a psychiatrist, doctor of medicine, behavioral scientist, social scientist, public administrator, hospital administrator, or other profession involved with human development, human welfare, or health administration.
(c) Chief officers have all of the authority conferred upon them by this title and such other authority as is delegated to them by the commissioner. Chief officers have the authority to administer oaths.
Acts 1965, ch. 82, § 10; 1971, ch. 411, § 2; 1974, ch. 802, § 9; 1978, ch. 617, § 3; T.C.A., § 33-203; Acts 1985, ch. 437, § 1; T.C.A., § 33-2-103 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-9-201 — TN Code / Title 33 / Chapter 9 / Section 33-9-201
Text of compact
Status: in_force

The Interstate Compact on Mental Health is enacted into law and entered into by this state with all other states legally joining the compact in the form substantially as follows: Interstate Compact on Mental Health The contracting states solemnly agree that: Article I The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare. Article II As used in this compact: (1) "Aftercare" means care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release; (2) "Institution" means any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency; (3) "Mental deficiency" means mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing such persons and such persons affairs, but does not include mental illness as defined herein; (4) "Mental illness" means mental disease to such extent that a person so afflicted requires care and treatment for that person's own welfare, or the welfare of others, or of the community; (5) "Patient" means any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact; (6) "Receiving state" means a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent; (7) "Sending state" means a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent; and (8) "State" means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. Article III (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, such person shall be eligible for care and treatment in an institution in that state irrespective of such person's residence, settlement or citizenship qualifications. (b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of the patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if such authorities so wish; and unless the receiving state shall agree to accept the patient. (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that such interstate patient would be taken if such interstate patient were a local patient. (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient. Article IV (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in the receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent. (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state. (c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients. Article V Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, such patient shall be detained in the state where found pending disposition in accordance with law. Article VI The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference. Article VII (a) No person shall be deemed a patient of more than one (1) institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state. (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two (2) or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. (c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact. (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made. Article VIII (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on the guardian's own behalf or in respect of any patient for whom the guardian may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court that appointed the previous guardian shall, upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue patient power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. (b) "Guardian" as used in paragraph (a) of this article includes any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient. Article IX (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, such person would be subject to incarceration in a penal or correctional institution. (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency. Article X (a) Each party state shall appoint a "compact administrator" who, on behalf of party state, shall act as general coordinator of activities under the compact in party state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by party state, either in the capacity of sending or receiving state. The compact administrator or party duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder. (b) The compact administrators of the respective party states have the power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact. Article XI The duly constituted administrative authorities of any two (2) or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact. Article XII This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein. Article XIII (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawals shall take effect one (1) year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to such state or sent out of such state pursuant to the provisions of the compact. (b) Withdrawal from any agreement permitted by Article VII(b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement. Article XIV This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Acts 1971, ch. 364, § 1; T.C.A., § 33-1501; Acts 2000, ch. 947, § 1.
The Interstate Compact on Mental Health is enacted into law and entered into by this state with all other states legally joining the compact in the form substantially as follows:
Interstate Compact on Mental Health
The contracting states solemnly agree that:
Article I The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.
The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.
Article II As used in this compact: (1) "Aftercare" means care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release; (2) "Institution" means any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency; (3) "Mental deficiency" means mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing such persons and such persons affairs, but does not include mental illness as defined herein; (4) "Mental illness" means mental disease to such extent that a person so afflicted requires care and treatment for that person's own welfare, or the welfare of others, or of the community; (5) "Patient" means any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact; (6) "Receiving state" means a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent; (7) "Sending state" means a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent; and (8) "State" means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
As used in this compact:
(1) "Aftercare" means care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release;
(2) "Institution" means any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency;
(3) "Mental deficiency" means mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing such persons and such persons affairs, but does not include mental illness as defined herein;
(4) "Mental illness" means mental disease to such extent that a person so afflicted requires care and treatment for that person's own welfare, or the welfare of others, or of the community;
(5) "Patient" means any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact;
(6) "Receiving state" means a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent;
(7) "Sending state" means a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent; and
(8) "State" means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Article III (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, such person shall be eligible for care and treatment in an institution in that state irrespective of such person's residence, settlement or citizenship qualifications. (b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of the patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if such authorities so wish; and unless the receiving state shall agree to accept the patient. (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that such interstate patient would be taken if such interstate patient were a local patient. (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.
(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, such person shall be eligible for care and treatment in an institution in that state irrespective of such person's residence, settlement or citizenship qualifications.
(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of the patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if such authorities so wish; and unless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that such interstate patient would be taken if such interstate patient were a local patient.
(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.
Article IV (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in the receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent. (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state. (c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.
(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in the receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.
(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.
Article V Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, such patient shall be detained in the state where found pending disposition in accordance with law.
Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, such patient shall be detained in the state where found pending disposition in accordance with law.
Article VI The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.
The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.
Article VII (a) No person shall be deemed a patient of more than one (1) institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state. (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two (2) or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. (c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact. (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.
(a) No person shall be deemed a patient of more than one (1) institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.
(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two (2) or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.
(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.
Article VIII (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on the guardian's own behalf or in respect of any patient for whom the guardian may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court that appointed the previous guardian shall, upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue patient power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. (b) "Guardian" as used in paragraph (a) of this article includes any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.
(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on the guardian's own behalf or in respect of any patient for whom the guardian may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court that appointed the previous guardian shall, upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue patient power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.
(b) "Guardian" as used in paragraph (a) of this article includes any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.
Article IX (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, such person would be subject to incarceration in a penal or correctional institution. (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.
(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, such person would be subject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.
Article X (a) Each party state shall appoint a "compact administrator" who, on behalf of party state, shall act as general coordinator of activities under the compact in party state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by party state, either in the capacity of sending or receiving state. The compact administrator or party duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder. (b) The compact administrators of the respective party states have the power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.
(a) Each party state shall appoint a "compact administrator" who, on behalf of party state, shall act as general coordinator of activities under the compact in party state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by party state, either in the capacity of sending or receiving state. The compact administrator or party duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.
(b) The compact administrators of the respective party states have the power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.
Article XI The duly constituted administrative authorities of any two (2) or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.
The duly constituted administrative authorities of any two (2) or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.
Article XII This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.
This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.
Article XIII (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawals shall take effect one (1) year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to such state or sent out of such state pursuant to the provisions of the compact. (b) Withdrawal from any agreement permitted by Article VII(b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.
(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawals shall take effect one (1) year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to such state or sent out of such state pursuant to the provisions of the compact.
(b) Withdrawal from any agreement permitted by Article VII(b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.
Article XIV This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Acts 1971, ch. 364, § 1; T.C.A., § 33-1501; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-504 — TN Code / Title 33 / Chapter 6 / Section 33-6-504
Persons who may file complaint for commitment under this part
Status: in_force

The parent, legal guardian, legal custodian, conservator, spouse, or a responsible relative of the person alleged to be in need of care and treatment, a licensed physician, a licensed psychologist who meets the requirements of § 33-6-427(a) , a health or public welfare officer, an officer authorized to make arrests in the state, or the chief officer of a facility that the person is in, may file a complaint to require involuntary care and treatment of a person with mental illness or serious emotional disturbance under this part. Acts 2000, ch. 947, § 1; 2004, ch. 565, § 8.
The parent, legal guardian, legal custodian, conservator, spouse, or a responsible relative of the person alleged to be in need of care and treatment, a licensed physician, a licensed psychologist who meets the requirements of § 33-6-427(a) , a health or public welfare officer, an officer authorized to make arrests in the state, or the chief officer of a facility that the person is in, may file a complaint to require involuntary care and treatment of a person with mental illness or serious emotional disturbance under this part.
Acts 2000, ch. 947, § 1; 2004, ch. 565, § 8.
Tenn. Code Ann. § 33-3-706 — TN Code / Title 33 / Chapter 3 / Section 33-3-706
Place of hearings - Exclusion of public
Status: in_force

The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the transferee. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses unless the transferee is being held in connection with the offenses. The court shall determine the place of the hearing and may exclude the public from the hearing on motion of the transferee if the interests of the transferee and the public would best be served by exclusion. Acts 1984, ch. 922, § 5; T.C.A. § 33-3-612 ; Acts 2000, ch. 947, § 1.
The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the transferee. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses unless the transferee is being held in connection with the offenses. The court shall determine the place of the hearing and may exclude the public from the hearing on motion of the transferee if the interests of the transferee and the public would best be served by exclusion.
Acts 1984, ch. 922, § 5; T.C.A. § 33-3-612 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1009 — TN Code / Title 33 / Chapter 6 / Section 33-6-1009
Effect of declarations executed in another state
Status: in_force

A declaration for mental health treatment that is validly executed in another state by a nonresident of this state at the time of execution shall be given effect in this state if the declaration for mental health treatment is in compliance with either this part or the laws of the state of the service recipient's residence and the department determines that those laws are essentially as protective of the service recipient as this part. Acts 2000, ch. 947, § 1.
A declaration for mental health treatment that is validly executed in another state by a nonresident of this state at the time of execution shall be given effect in this state if the declaration for mental health treatment is in compliance with either this part or the laws of the state of the service recipient's residence and the department determines that those laws are essentially as protective of the service recipient as this part.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-202 — TN Code / Title 33 / Chapter 8 / Section 33-8-202
Rights of child sixteen (16)
Status: in_force

(a) If a child with serious emotional disturbance or mental illness is sixteen (16) years of age or older, the child has the same rights as an adult with respect to outpatient and inpatient mental health treatment, medication decisions, confidential information, and participation in conflict resolution procedures under this title except as provided in part 3 of this chapter, or as otherwise expressly provided in this title. If the child's parent, legal guardian, legal custodian, or treating professional believes that the child's decision to terminate treatment, other than a request for discharge under chapter 6, part 2 of this title, will have severe adverse effects on the child, the conflict resolution procedures under chapter 2, part 6 of this title shall be used. (b) An outpatient facility or professional may provide treatment and rehabilitation without obtaining the consent of the child's parent, legal guardian, or legal custodian. (c) Notwithstanding subsections (a) and (b), and to the extent allowable by federal privacy laws and regulations: (1) A child's parent, legal guardian, or legal custodian may access any prescription records resulting from treatment provided to an unemancipated minor pursuant to this section; (2) Notwithstanding subdivision (c)(1), a child's parent, legal guardian, or legal custodian shall not access prescription records resulting from the treatment provided to an unemancipated minor pursuant to this section if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605 , and the treating professional believes that access to the prescription records is reasonably likely to endanger the life or physical safety of the minor; and (3) If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then the treating professional shall, in addition to any other duties required by law, report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian. Amended by 2024 Tenn. Acts, ch. 761,s 3, eff. 4/22/2024. Acts 2000, ch. 947, § 1.
(a) If a child with serious emotional disturbance or mental illness is sixteen (16) years of age or older, the child has the same rights as an adult with respect to outpatient and inpatient mental health treatment, medication decisions, confidential information, and participation in conflict resolution procedures under this title except as provided in part 3 of this chapter, or as otherwise expressly provided in this title. If the child's parent, legal guardian, legal custodian, or treating professional believes that the child's decision to terminate treatment, other than a request for discharge under chapter 6, part 2 of this title, will have severe adverse effects on the child, the conflict resolution procedures under chapter 2, part 6 of this title shall be used.
(b) An outpatient facility or professional may provide treatment and rehabilitation without obtaining the consent of the child's parent, legal guardian, or legal custodian.
(c) Notwithstanding subsections (a) and (b), and to the extent allowable by federal privacy laws and regulations: (1) A child's parent, legal guardian, or legal custodian may access any prescription records resulting from treatment provided to an unemancipated minor pursuant to this section; (2) Notwithstanding subdivision (c)(1), a child's parent, legal guardian, or legal custodian shall not access prescription records resulting from the treatment provided to an unemancipated minor pursuant to this section if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605 , and the treating professional believes that access to the prescription records is reasonably likely to endanger the life or physical safety of the minor; and (3) If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then the treating professional shall, in addition to any other duties required by law, report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian.
(1) A child's parent, legal guardian, or legal custodian may access any prescription records resulting from treatment provided to an unemancipated minor pursuant to this section;
(2) Notwithstanding subdivision (c)(1), a child's parent, legal guardian, or legal custodian shall not access prescription records resulting from the treatment provided to an unemancipated minor pursuant to this section if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605 , and the treating professional believes that access to the prescription records is reasonably likely to endanger the life or physical safety of the minor; and
(3) If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then the treating professional shall, in addition to any other duties required by law, report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian.
Amended by 2024 Tenn. Acts, ch. 761,s 3, eff. 4/22/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-304 — TN Code / Title 33 / Chapter 6 / Section 33-6-304
Detention following finding of severe impairment
Status: in_force

IF AND ONLY IF (1) the physician determines that the person has a mental illness or serious emotional disturbance for which immediate observation, care and treatment in a treatment resource is appropriate, AND (2) the physician determines that the person is experiencing "severe impairment" that is likely to result in serious harm to the person, THEN (3) the person may be detained for observation, care and treatment and further examination for up to twelve (12) hours from the time the person arrived at the treatment resource. Acts 2000, ch. 947, § 1.
IF AND ONLY IF
(1) the physician determines that the person has a mental illness or serious emotional disturbance for which immediate observation, care and treatment in a treatment resource is appropriate, AND
(2) the physician determines that the person is experiencing "severe impairment" that is likely to result in serious harm to the person, THEN
THEN
(3) the person may be detained for observation, care and treatment and further examination for up to twelve (12) hours from the time the person arrived at the treatment resource.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-103 — TN Code / Title 33 / Chapter 6 / Section 33-6-103
Priority population - Standards of care - Funding - Legislative intent - Contract with licensed community mental health agency
Status: in_force

(a) The department shall identify adults with severe disabling mental illness and children with serious emotional disturbance. (b) Persons described in subsection (a) are a priority population for the department's mental health services and supports. The department shall set the array of services and supports for this priority population 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. (c) It is the legislative intent that the department of mental health and substance abuse services maintain the funding amount and the extent of services of the behavioral health safety net of the state at least at the annualized levels provided as of January 1, 2009. In the event that appropriations to the department are not sufficient to continue funding these critical services at a level at least equivalent to the services being provided as of January 1, 2009, then the department shall provide a report to the planning and policy council created by § 33-1-401 and the fiscal review committee created by § 3-7-101 . The report shall identify all means the department intends to use to increase resources available. (d) The department may contract with any licensed community mental health agency for the provision of services under the behavioral health safety net, as long as the community mental health agency is able to sufficiently demonstrate to the department that the community mental health agency is able to provide to individuals who will be served under the behavioral health safety net all of the behavioral health services that are included within adult behavioral health services for the seriously and persistently mentally ill, as defined in § 71-5-103 . Amended by 2020 Tenn. Acts, ch. 578, s 1, eff. 7/1/2020. Acts 1994, ch. 861, §§ 1-4; T.C.A., § 33-1-208; Acts 2000, ch. 947, §§ 1, 6; 2002, ch. 730, § 30; 2009 , ch. 95, § 3; 2010 , ch. 1100, § 45; 2012 , ch. 575, § 1.
(a) The department shall identify adults with severe disabling mental illness and children with serious emotional disturbance.
(b) Persons described in subsection (a) are a priority population for the department's mental health services and supports. The department shall set the array of services and supports for this priority population 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.
(c) It is the legislative intent that the department of mental health and substance abuse services maintain the funding amount and the extent of services of the behavioral health safety net of the state at least at the annualized levels provided as of January 1, 2009. In the event that appropriations to the department are not sufficient to continue funding these critical services at a level at least equivalent to the services being provided as of January 1, 2009, then the department shall provide a report to the planning and policy council created by § 33-1-401 and the fiscal review committee created by § 3-7-101 . The report shall identify all means the department intends to use to increase resources available.
(d) The department may contract with any licensed community mental health agency for the provision of services under the behavioral health safety net, as long as the community mental health agency is able to sufficiently demonstrate to the department that the community mental health agency is able to provide to individuals who will be served under the behavioral health safety net all of the behavioral health services that are included within adult behavioral health services for the seriously and persistently mentally ill, as defined in § 71-5-103 .
Amended by 2020 Tenn. Acts, ch. 578, s 1, eff. 7/1/2020.
Acts 1994, ch. 861, §§ 1-4; T.C.A., § 33-1-208; Acts 2000, ch. 947, §§ 1, 6; 2002, ch. 730, § 30; 2009 , ch. 95, § 3; 2010 , ch. 1100, § 45; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 33-1-101 — TN Code / Title 33 / Chapter 1 / Section 33-1-101
Title definitions
Status: in_force

As used in this title, unless the context otherwise requires: (1) "Alcohol abuse" means a condition characterized by the continuous or episodic use of alcohol resulting in social impairment, vocational impairment, psychological dependence or pathological patterns of use; (2) "Alcohol dependence" means alcohol abuse that results in the development of tolerance or manifestations of alcohol abstinence syndrome upon cessation of use; (3) "Available suitable accommodations" or "suitable available accommodations" means that a state-owned or operated hospital or treatment resource has the capacity, as reasonably determined by the commissioner, and the medical capability, equipment and staffing to provide an appropriate level of care, treatment and physical security to an individual in an unoccupied and unassigned bed; (4) "Chief officer" means the person with overall authority for a public or private hospital or treatment resource, or the person's designee; (5) "Child" means a person who is under eighteen (18) years of age; (6) "Commissioner" means the commissioner of mental health and substance abuse services; (7) (A) "Community mental health center" means an entity that: (i) Provides outpatient services, including specialized outpatient services for persons of all ages with a serious mental illness, and persons who have been discharged from inpatient treatment at a hospital or treatment resource; (ii) Provides twenty-four hour a day emergency care services; (iii) Provides day treatment or other partial hospitalization services, or psychosocial rehabilitation services; (iv) Provides screening for persons being considered for admission to state mental health facilities to determine the appropriateness of the admission; and (v) Has community participation in its planning, policy development, and evaluation of services; (B) "Community mental health center" includes for profit corporations and private entities qualified as tax exempt organizations under Internal Revenue Code, § 501(c)(3) ( 26 U.S.C. § 501(c)(3) ), or public entities created by private act of the general assembly that, prior to July 1, 1992, were approved providers in the state under the medicaid clinic option and grantees of the department and the successor or surviving corporation of any such entity that underwent a corporate name change or corporate restructuring after July 1, 1992; (8) "Consent" means voluntary agreement to what is reasonably well understood regardless of how the agreement is expressed; (9) "Department" means the department of mental health and substance abuse services; (10) [Deleted by 2024 amendment.] (11) [Deleted by 2024 amendment.] (12) "Drug abuse" means a condition characterized by the continuous or episodic use of a drug or drugs resulting in social impairment, vocational impairment, psychological dependence or pathological patterns of use; (13) "Drug dependence" means drug abuse that results in the development of tolerance or manifestations of drug abstinence syndrome upon cessation of use; (14) "Hospital" means a public or private hospital or facility or part of a hospital or facility equipped to provide inpatient care and treatment for persons with mental illness or serious emotional disturbance; (15) "Indigent person" means a service recipient whose resources, including property, assets, and income, are insufficient, under chapter 2, part 11 of this title, to pay for the cost of providing services and supports and who does not have a responsible relative or other legally responsible person who is able to pay for the cost of providing the services and supports; (16) [Deleted by 2024 amendment.] (17) "Licensed physician" means a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M.D.) who is duly licensed in the state, or an osteopathic physician who is a graduate of a recognized osteopathic college authorized to confer the degree of doctor of osteopathy (D.O.) and who is licensed to practice osteopathic medicine in the state; (18) "Medical capability" means that a state-owned or operated hospital or treatment resource has the ability to treat an individual's medical needs onsite or that the individual's medical needs do not exceed the onsite capability of the state-owned or operated hospital or treatment resource to treat; (19) "Mental illness" means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities as defined in title 52; (20) "Qualified mental health professional" means a person who is licensed in the state, if required for the profession, and who is a psychiatrist; physician with expertise in psychiatry as determined by training, education, or experience; psychologist with health service provider designation; psychological examiner or senior psychological examiner; licensed master's social worker with two (2) years of mental health experience or licensed clinical social worker; marital and family therapist; nurse with a master's degree in nursing who functions as a psychiatric nurse; professional counselor; or if the person is providing service to service recipients who are children, any of the above educational credentials plus mental health experience with children; (21) "Responsible relative" means the parent of an unemancipated child with mental illness, serious emotional disturbance, alcohol dependence, or drug dependence who is receiving service in programs of the department or any relative who accepts financial responsibility for the care and service of a service recipient; (22) "Serious emotional disturbance" means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology; (23) "Service recipient" means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness or serious emotional disturbance; (24) "Support" means any activity or resource that enables a service recipient to participate in a service for mental illness or serious emotional disturbance or in community life; and (25) "Treatment resource" means any public or private facility, service, or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses, and rehabilitation centers. Amended by 2024 Tenn. Acts, ch. 688,s 12, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 11, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 10, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 9, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 8, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 7, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 5, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2001, ch. 334, § 1; 2002, ch. 730, § 1; 2006, ch. 674, § 1; 2008 , ch. 1016, § 3; 2009 , ch. 531, §§ 31, 32; 2010 , ch. 734, § 1; 2010 , ch. 1100, §§ 25 - 27; 2011 , ch. 158, §§ 10 - 12; 2012 , ch. 575, §§ 1, 2.
As used in this title, unless the context otherwise requires:
(1) "Alcohol abuse" means a condition characterized by the continuous or episodic use of alcohol resulting in social impairment, vocational impairment, psychological dependence or pathological patterns of use;
(2) "Alcohol dependence" means alcohol abuse that results in the development of tolerance or manifestations of alcohol abstinence syndrome upon cessation of use;
(3) "Available suitable accommodations" or "suitable available accommodations" means that a state-owned or operated hospital or treatment resource has the capacity, as reasonably determined by the commissioner, and the medical capability, equipment and staffing to provide an appropriate level of care, treatment and physical security to an individual in an unoccupied and unassigned bed;
(4) "Chief officer" means the person with overall authority for a public or private hospital or treatment resource, or the person's designee;
(5) "Child" means a person who is under eighteen (18) years of age;
(6) "Commissioner" means the commissioner of mental health and substance abuse services;
(7) (A) "Community mental health center" means an entity that: (i) Provides outpatient services, including specialized outpatient services for persons of all ages with a serious mental illness, and persons who have been discharged from inpatient treatment at a hospital or treatment resource; (ii) Provides twenty-four hour a day emergency care services; (iii) Provides day treatment or other partial hospitalization services, or psychosocial rehabilitation services; (iv) Provides screening for persons being considered for admission to state mental health facilities to determine the appropriateness of the admission; and (v) Has community participation in its planning, policy development, and evaluation of services; (B) "Community mental health center" includes for profit corporations and private entities qualified as tax exempt organizations under Internal Revenue Code, § 501(c)(3) ( 26 U.S.C. § 501(c)(3) ), or public entities created by private act of the general assembly that, prior to July 1, 1992, were approved providers in the state under the medicaid clinic option and grantees of the department and the successor or surviving corporation of any such entity that underwent a corporate name change or corporate restructuring after July 1, 1992;
(A) "Community mental health center" means an entity that: (i) Provides outpatient services, including specialized outpatient services for persons of all ages with a serious mental illness, and persons who have been discharged from inpatient treatment at a hospital or treatment resource; (ii) Provides twenty-four hour a day emergency care services; (iii) Provides day treatment or other partial hospitalization services, or psychosocial rehabilitation services; (iv) Provides screening for persons being considered for admission to state mental health facilities to determine the appropriateness of the admission; and (v) Has community participation in its planning, policy development, and evaluation of services;
(i) Provides outpatient services, including specialized outpatient services for persons of all ages with a serious mental illness, and persons who have been discharged from inpatient treatment at a hospital or treatment resource;
(ii) Provides twenty-four hour a day emergency care services;
(iii) Provides day treatment or other partial hospitalization services, or psychosocial rehabilitation services;
(iv) Provides screening for persons being considered for admission to state mental health facilities to determine the appropriateness of the admission; and
(v) Has community participation in its planning, policy development, and evaluation of services;
(B) "Community mental health center" includes for profit corporations and private entities qualified as tax exempt organizations under Internal Revenue Code, § 501(c)(3) ( 26 U.S.C. § 501(c)(3) ), or public entities created by private act of the general assembly that, prior to July 1, 1992, were approved providers in the state under the medicaid clinic option and grantees of the department and the successor or surviving corporation of any such entity that underwent a corporate name change or corporate restructuring after July 1, 1992;
(8) "Consent" means voluntary agreement to what is reasonably well understood regardless of how the agreement is expressed;
(9) "Department" means the department of mental health and substance abuse services;
(10) [Deleted by 2024 amendment.]
(11) [Deleted by 2024 amendment.]
(12) "Drug abuse" means a condition characterized by the continuous or episodic use of a drug or drugs resulting in social impairment, vocational impairment, psychological dependence or pathological patterns of use;
(13) "Drug dependence" means drug abuse that results in the development of tolerance or manifestations of drug abstinence syndrome upon cessation of use;
(14) "Hospital" means a public or private hospital or facility or part of a hospital or facility equipped to provide inpatient care and treatment for persons with mental illness or serious emotional disturbance;
(15) "Indigent person" means a service recipient whose resources, including property, assets, and income, are insufficient, under chapter 2, part 11 of this title, to pay for the cost of providing services and supports and who does not have a responsible relative or other legally responsible person who is able to pay for the cost of providing the services and supports;
(16) [Deleted by 2024 amendment.]
(17) "Licensed physician" means a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M.D.) who is duly licensed in the state, or an osteopathic physician who is a graduate of a recognized osteopathic college authorized to confer the degree of doctor of osteopathy (D.O.) and who is licensed to practice osteopathic medicine in the state;
(18) "Medical capability" means that a state-owned or operated hospital or treatment resource has the ability to treat an individual's medical needs onsite or that the individual's medical needs do not exceed the onsite capability of the state-owned or operated hospital or treatment resource to treat;
(19) "Mental illness" means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities as defined in title 52;
(20) "Qualified mental health professional" means a person who is licensed in the state, if required for the profession, and who is a psychiatrist; physician with expertise in psychiatry as determined by training, education, or experience; psychologist with health service provider designation; psychological examiner or senior psychological examiner; licensed master's social worker with two (2) years of mental health experience or licensed clinical social worker; marital and family therapist; nurse with a master's degree in nursing who functions as a psychiatric nurse; professional counselor; or if the person is providing service to service recipients who are children, any of the above educational credentials plus mental health experience with children;
(21) "Responsible relative" means the parent of an unemancipated child with mental illness, serious emotional disturbance, alcohol dependence, or drug dependence who is receiving service in programs of the department or any relative who accepts financial responsibility for the care and service of a service recipient;
(22) "Serious emotional disturbance" means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology;
(23) "Service recipient" means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness or serious emotional disturbance;
(24) "Support" means any activity or resource that enables a service recipient to participate in a service for mental illness or serious emotional disturbance or in community life; and
(25) "Treatment resource" means any public or private facility, service, or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses, and rehabilitation centers.
Amended by 2024 Tenn. Acts, ch. 688,s 12, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 11, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 10, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 9, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 8, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 7, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 6, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 5, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2001, ch. 334, § 1; 2002, ch. 730, § 1; 2006, ch. 674, § 1; 2008 , ch. 1016, § 3; 2009 , ch. 531, §§ 31, 32; 2010 , ch. 734, § 1; 2010 , ch. 1100, §§ 25 - 27; 2011 , ch. 158, §§ 10 - 12; 2012 , ch. 575, §§ 1, 2.
Tenn. Code Ann. § 33-2-404 — TN Code / Title 33 / Chapter 2 / Section 33-2-404
Rules for licensure - Amendment of rules
Status: in_force

(a) The department shall adopt rules for licensure of services and facilities regarding adequacy of services, qualification of professional staff, and facility conditions. The department shall require for licensure satisfaction of basic quality standards set under part 3 of this chapter, as applicable, and may require higher standards. The rules shall include consideration of the adequacy of environment, life safety, treatment or habilitation services, education and training requirements of the staff, and other considerations that the department deems necessary to determine the adequacy of the provision of mental health and alcohol and drug abuse prevention and/or treatment services. The department may adopt rules for the administration of the licensure program. (b) Notwithstanding any law to the contrary, each department shall have the authority to amend its rules for licensure as needed to be consistent with the federal home-based and community-based settings final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014), including the authority to differentiate licensure requirements for any entity contracted to provide medicaid-reimbursed home- and community-based services in order to allow the facility or entity to comply with the federal rule and continue to receive medicaid reimbursement for home- and community-based services. Rules adopted by the department under this subsection (b) shall be developed with input from stakeholders and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the department shall not promulgate emergency rules under this subsection (b) as defined in § 4-5-208 . Licensure survey and enforcement shall be conducted in a manner consistent with any rule issued under this subsection (b). Amended by 2024 Tenn. Acts, ch. 688,s 41, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 40, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 40, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 40, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 153, s 1, eff. 4/17/2015. Acts 1978, ch. 853, § 4; T.C.A., § 33-1804; Acts 1985, ch. 437, § 5; 1993, ch. 234, § 24; T.C.A., § 33-2-504; Acts 2000, ch. 947, § 1; 2012 , ch. 1010, § 7.
(a) The department shall adopt rules for licensure of services and facilities regarding adequacy of services, qualification of professional staff, and facility conditions. The department shall require for licensure satisfaction of basic quality standards set under part 3 of this chapter, as applicable, and may require higher standards. The rules shall include consideration of the adequacy of environment, life safety, treatment or habilitation services, education and training requirements of the staff, and other considerations that the department deems necessary to determine the adequacy of the provision of mental health and alcohol and drug abuse prevention and/or treatment services. The department may adopt rules for the administration of the licensure program.
(b) Notwithstanding any law to the contrary, each department shall have the authority to amend its rules for licensure as needed to be consistent with the federal home-based and community-based settings final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014), including the authority to differentiate licensure requirements for any entity contracted to provide medicaid-reimbursed home- and community-based services in order to allow the facility or entity to comply with the federal rule and continue to receive medicaid reimbursement for home- and community-based services. Rules adopted by the department under this subsection (b) shall be developed with input from stakeholders and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the department shall not promulgate emergency rules under this subsection (b) as defined in § 4-5-208 . Licensure survey and enforcement shall be conducted in a manner consistent with any rule issued under this subsection (b).
Amended by 2024 Tenn. Acts, ch. 688,s 41, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 40, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 153, s 1, eff. 4/17/2015.
Acts 1978, ch. 853, § 4; T.C.A., § 33-1804; Acts 1985, ch. 437, § 5; 1993, ch. 234, § 24; T.C.A., § 33-2-504; Acts 2000, ch. 947, § 1; 2012 , ch. 1010, § 7.
Tenn. Code Ann. § 33-2-1205 — TN Code / Title 33 / Chapter 2 / Section 33-2-1205
Annual training about human trafficking
Status: in_force

The department shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate department personnel in the identification, intervention, prevention, and treatment of human trafficking victims, and in the proper action that should be taken when dealing with a known or suspected victim of human trafficking. The training must also inform department personnel of the resources and agencies available to provide help and services for victims of human trafficking. The training selected by the department must be submitted to, and approved by, the Tennessee bureau of investigation's human trafficking advisory council. Added by 2022 Tenn. Acts, ch. 842,s 1, eff. 1/1/2023.
The department shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate department personnel in the identification, intervention, prevention, and treatment of human trafficking victims, and in the proper action that should be taken when dealing with a known or suspected victim of human trafficking. The training must also inform department personnel of the resources and agencies available to provide help and services for victims of human trafficking. The training selected by the department must be submitted to, and approved by, the Tennessee bureau of investigation's human trafficking advisory council.
Added by 2022 Tenn. Acts, ch. 842,s 1, eff. 1/1/2023.
Tenn. Code Ann. § 33-6-706 — TN Code / Title 33 / Chapter 6 / Section 33-6-706
Discharge of involuntarily committed person - Person no longer mentally ill or in remission - Person unlikely to cause harm - Voluntary outpatient treatment possible
Status: in_force

IF (1) a person was committed involuntarily under chapter 6, part 5 of this title, AND (2) (A) the person does not have a mental illness or serious emotional disturbance, OR (B) (i) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND (ii) the person does not pose a likelihood of serious harm under § 33-6-501 , OR (C) (i) the person would pose a likelihood of serious harm under § 33-6-501 unless treatment is continued, AND (ii) voluntary outpatient treatment is a suitable less drastic alternative to commitment because the person is likely to participate in outpatient treatment without being legally obligated to do so, THEN (3) IF (A) the person is not subject to judicial review under § 33-6-708 , THEN (B) the person shall be discharged, AND (4) IF (A) the person is subject to judicial review under § 33-6-708 , THEN (B) the person shall be discharged in conformity with § 33-6-708 . Acts 1982, ch. 862, § 3; 1983, ch. 323, §§ 18, 19; T.C.A., § 33-614; Acts 1985, ch. 437, § 18; T.C.A., § 33-6-109(b) ; Acts 2000, ch. 947, § 1.
IF
(1) a person was committed involuntarily under chapter 6, part 5 of this title, AND
(2) (A) the person does not have a mental illness or serious emotional disturbance, OR (B) (i) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND (ii) the person does not pose a likelihood of serious harm under § 33-6-501 , OR (C) (i) the person would pose a likelihood of serious harm under § 33-6-501 unless treatment is continued, AND (ii) voluntary outpatient treatment is a suitable less drastic alternative to commitment because the person is likely to participate in outpatient treatment without being legally obligated to do so, THEN
(A) the person does not have a mental illness or serious emotional disturbance, OR
(B) (i) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND (ii) the person does not pose a likelihood of serious harm under § 33-6-501 , OR
(i) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND
(ii) the person does not pose a likelihood of serious harm under § 33-6-501 , OR
(C) (i) the person would pose a likelihood of serious harm under § 33-6-501 unless treatment is continued, AND (ii) voluntary outpatient treatment is a suitable less drastic alternative to commitment because the person is likely to participate in outpatient treatment without being legally obligated to do so, THEN
(i) the person would pose a likelihood of serious harm under § 33-6-501 unless treatment is continued, AND
(ii) voluntary outpatient treatment is a suitable less drastic alternative to commitment because the person is likely to participate in outpatient treatment without being legally obligated to do so, THEN
THEN
(3) IF (A) the person is not subject to judicial review under § 33-6-708 , THEN (B) the person shall be discharged, AND
(A) the person is not subject to judicial review under § 33-6-708 , THEN
THEN
(B) the person shall be discharged, AND
(4) IF (A) the person is subject to judicial review under § 33-6-708 , THEN (B) the person shall be discharged in conformity with § 33-6-708 .
(A) the person is subject to judicial review under § 33-6-708 , THEN
THEN
(B) the person shall be discharged in conformity with § 33-6-708 .
Acts 1982, ch. 862, § 3; 1983, ch. 323, §§ 18, 19; T.C.A., § 33-614; Acts 1985, ch. 437, § 18; T.C.A., § 33-6-109(b) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-105 — TN Code / Title 33 / Chapter 8 / Section 33-8-105
Interagency plans for transition to adult services
Status: in_force

Mental health service providers shall prepare interagency plans to assure that persons seventeen (17) years of age in state custody who will continue to need services and supports in adulthood can make a smooth transition to adult services. The plan should take into account the requirements of other state and federal laws with respect to service. If necessary to avoid delays in service during the transition into adult services, plans shall be prepared before the persons become seventeen (17) years of age. Amended by 2024 Tenn. Acts, ch. 688,s 94, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
Mental health service providers shall prepare interagency plans to assure that persons seventeen (17) years of age in state custody who will continue to need services and supports in adulthood can make a smooth transition to adult services. The plan should take into account the requirements of other state and federal laws with respect to service. If necessary to avoid delays in service during the transition into adult services, plans shall be prepared before the persons become seventeen (17) years of age.
Amended by 2024 Tenn. Acts, ch. 688,s 94, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-705 — TN Code / Title 33 / Chapter 3 / Section 33-3-705
Jury trial
Status: in_force

Either party may demand a jury trial on the issues. Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
Either party may demand a jury trial on the issues.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-404 — TN Code / Title 33 / Chapter 5 / Section 33-5-404
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1975, ch. 248, § 13; 1976, ch. 764, § 1; 1978, ch. 527, § 3; 1978, ch. 667, § 2; 1981, ch. 449, § 2(20); 1982, ch. 862, § 13; T.C.A., § 33-510; Acts 1984, ch. 922, § 9; 1992, ch. 991, § 14; T.C.A., § 33-5-305(c); Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1975, ch. 248, § 13; 1976, ch. 764, § 1; 1978, ch. 527, § 3; 1978, ch. 667, § 2; 1981, ch. 449, § 2(20); 1982, ch. 862, § 13; T.C.A., § 33-510; Acts 1984, ch. 922, § 9; 1992, ch. 991, § 14; T.C.A., § 33-5-305(c); Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-607 — TN Code / Title 33 / Chapter 3 / Section 33-3-607
Examination of defendant - Detention and release
Status: in_force

If the complaint includes or is accompanied by a sworn statement by the plaintiff that the defendant has refused to be examined by certifying professionals and the court finds that probable cause exists to believe that the defendant is subject to involuntary care and treatment and has refused to be examined by a certifying professional, the court shall order a law enforcement officer to take the defendant into custody for an examination by two (2) certifying professionals who meet the requirements of the commitment statute. The defendant may be detained for the period required to complete the examinations, but not more than forty-eight (48) hours. Upon completion of the examinations, the person shall be released, and the certifying professionals shall report their findings to the court. For good cause, the court may order further examination, including independent examination, as to the mental condition of the person and may continue the hearing until the report of the examination is made to the court. Acts 1983, ch. 323, § 9; T.C.A., § 33-366; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
If the complaint includes or is accompanied by a sworn statement by the plaintiff that the defendant has refused to be examined by certifying professionals and the court finds that probable cause exists to believe that the defendant is subject to involuntary care and treatment and has refused to be examined by a certifying professional, the court shall order a law enforcement officer to take the defendant into custody for an examination by two (2) certifying professionals who meet the requirements of the commitment statute. The defendant may be detained for the period required to complete the examinations, but not more than forty-eight (48) hours. Upon completion of the examinations, the person shall be released, and the certifying professionals shall report their findings to the court. For good cause, the court may order further examination, including independent examination, as to the mental condition of the person and may continue the hearing until the report of the examination is made to the court.
Acts 1983, ch. 323, § 9; T.C.A., § 33-366; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-106 — TN Code / Title 33 / Chapter 8 / Section 33-8-106
Interagency agreements - Cooperation of service providers with department
Status: in_force

Service providers shall inform the department and the council on children's mental health care of needs or problems of children and families that may be addressed by local interagency agreements with the goals set in § 33-1-308 for state interagency agreements. Service providers shall participate in processes initiated by the department and the council on children's mental health care or others to address the needs or problems. Acts 2000, ch. 947, § 1; 2008, ch. 1062, § 6.
Service providers shall inform the department and the council on children's mental health care of needs or problems of children and families that may be addressed by local interagency agreements with the goals set in § 33-1-308 for state interagency agreements. Service providers shall participate in processes initiated by the department and the council on children's mental health care or others to address the needs or problems.
Acts 2000, ch. 947, § 1; 2008, ch. 1062, § 6.
Tenn. Code Ann. § 33-3-301 — TN Code / Title 33 / Chapter 3 / Section 33-3-301
Transfer between facilities
Status: in_force

(a) The commissioner may authorize the transfer of a person in a facility of the department to another department facility or to a private facility under this section. The commissioner shall give due consideration to the relationship of the person to family, guardian, conservator, and friends so as to maintain relationships and encourage visitation beneficial to the person. If a person whose transfer is authorized has been admitted or committed by court order, a certified copy of the court order shall be sent to the facility to which the person is transferred. (b) (1) If the commissioner determines that a person could more properly be cared for and treated in a facility other than the one in which the person is a service recipient and that the transfer is in the person's best interest, the commissioner may authorize the person to be transferred for an indefinite period to another department facility. The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure the person or others if not treated in a secure facility. (2) Before a transfer is authorized, the person shall be given a physical examination by a licensed physician and a mental assessment and evaluation by a qualified professional, and complete written reports of the examination, assessment, and evaluation shall be forwarded to the commissioner by the chief officer who recommends the transfer. The reports and the chief officer's recommendation shall each include a certification that the transfer is in the person's best interests and a statement of the reasons for the conclusion. (3) The chief officer, upon recommending transfer, shall immediately give personal notice of the recommendation by telephone or otherwise to the person's spouse, parent, adult child, legal guardian, or conservator, if any, and to the person. No person may be transferred less than twenty-four (24) hours after the notices required by this subdivision (b)(3) have been given, unless the person's spouse, parent, adult child, or legal guardian or conservator, if any, has agreed to the transfer or unless a diligent attempt by the chief officer to give notice is unsuccessful. (4) The commissioner, upon authorizing transfer, shall immediately give to the person's spouse, parent, or adult child, legal guardian or conservator, if any, the committing court, if any, and to the service recipient written notice of the decision and a complaint form for review of transfer in the circuit court under part 7 of this chapter. The person may then be transferred immediately. (c) (1) If the commissioner determines, upon the recommendation of the chief officer who requests a transfer, that: (A) A person requires emergency care and treatment that cannot be provided by the transferring facility; and (B) The transfer is in the person's best interest, the commissioner may authorize the person to be transferred immediately to another department facility. The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure such person or others if not treated in a secure facility. (2) If the commissioner approves the emergency transfer, the commissioner shall notify the chief officers of the transferring and receiving facilities. The chief officer of the transferring facility shall then have the person transferred immediately. A bed shall remain open at the transferring facility for seventy-two (72) hours after the transfer for the readmission of the person. (3) Within seventy-two (72) hours after the transfer, the chief officer of the receiving facility shall determine whether the transfer was appropriate. If the chief officer determines that the transfer was not appropriate, the chief officer shall return the person to the sending facility. If the chief officer determines that the transfer was appropriate, the chief officer shall immediately give the person written notice of the decision. (4) The transfer shall not exceed thirty (30) days, after which the chief officer shall return the person to the facility from which the person came. (5) If the chief officer of the receiving facility determines that the person requires treatment beyond the thirty-day period, the chief officer shall notify the person in writing and apply for indeterminate transfer under subsection (b). The person shall remain in the receiving facility unless the commissioner denies the application for transfer. If the commissioner denies the application, the chief officer of the receiving facility shall have the person transferred to the sending facility immediately. (d) A person may be transferred from a state facility to a licensed private facility or from a licensed private facility to a state facility, upon proper application, approval of the sending and receiving facilities, and written notice to the committing court, if the person is committed. Once transferred, the person is lawfully admitted to the receiving facility, and the facility may retain the person under the authority of the admission or order applicable to the facility from which the person was transferred. Amended by 2024 Tenn. Acts, ch. 688,s 68, eff. 7/1/2024. Acts 1965, ch. 38, § 4(a); 1974, ch. 802, § 22; 1975, ch. 248, § 7; modified; Acts 1976, ch. 763, § 1; Acts 1978, ch. 533, § 4; T.C.A., § 33-309; Acts 1984, ch. 922, § 4; 2000, ch. 947, §§ 1, 6; 2009 , ch. 531, § 35.
(a) The commissioner may authorize the transfer of a person in a facility of the department to another department facility or to a private facility under this section. The commissioner shall give due consideration to the relationship of the person to family, guardian, conservator, and friends so as to maintain relationships and encourage visitation beneficial to the person. If a person whose transfer is authorized has been admitted or committed by court order, a certified copy of the court order shall be sent to the facility to which the person is transferred.
(b) (1) If the commissioner determines that a person could more properly be cared for and treated in a facility other than the one in which the person is a service recipient and that the transfer is in the person's best interest, the commissioner may authorize the person to be transferred for an indefinite period to another department facility. The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure the person or others if not treated in a secure facility. (2) Before a transfer is authorized, the person shall be given a physical examination by a licensed physician and a mental assessment and evaluation by a qualified professional, and complete written reports of the examination, assessment, and evaluation shall be forwarded to the commissioner by the chief officer who recommends the transfer. The reports and the chief officer's recommendation shall each include a certification that the transfer is in the person's best interests and a statement of the reasons for the conclusion. (3) The chief officer, upon recommending transfer, shall immediately give personal notice of the recommendation by telephone or otherwise to the person's spouse, parent, adult child, legal guardian, or conservator, if any, and to the person. No person may be transferred less than twenty-four (24) hours after the notices required by this subdivision (b)(3) have been given, unless the person's spouse, parent, adult child, or legal guardian or conservator, if any, has agreed to the transfer or unless a diligent attempt by the chief officer to give notice is unsuccessful. (4) The commissioner, upon authorizing transfer, shall immediately give to the person's spouse, parent, or adult child, legal guardian or conservator, if any, the committing court, if any, and to the service recipient written notice of the decision and a complaint form for review of transfer in the circuit court under part 7 of this chapter. The person may then be transferred immediately.
(1) If the commissioner determines that a person could more properly be cared for and treated in a facility other than the one in which the person is a service recipient and that the transfer is in the person's best interest, the commissioner may authorize the person to be transferred for an indefinite period to another department facility. The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure the person or others if not treated in a secure facility.
(2) Before a transfer is authorized, the person shall be given a physical examination by a licensed physician and a mental assessment and evaluation by a qualified professional, and complete written reports of the examination, assessment, and evaluation shall be forwarded to the commissioner by the chief officer who recommends the transfer. The reports and the chief officer's recommendation shall each include a certification that the transfer is in the person's best interests and a statement of the reasons for the conclusion.
(3) The chief officer, upon recommending transfer, shall immediately give personal notice of the recommendation by telephone or otherwise to the person's spouse, parent, adult child, legal guardian, or conservator, if any, and to the person. No person may be transferred less than twenty-four (24) hours after the notices required by this subdivision (b)(3) have been given, unless the person's spouse, parent, adult child, or legal guardian or conservator, if any, has agreed to the transfer or unless a diligent attempt by the chief officer to give notice is unsuccessful.
(4) The commissioner, upon authorizing transfer, shall immediately give to the person's spouse, parent, or adult child, legal guardian or conservator, if any, the committing court, if any, and to the service recipient written notice of the decision and a complaint form for review of transfer in the circuit court under part 7 of this chapter. The person may then be transferred immediately.
(c) (1) If the commissioner determines, upon the recommendation of the chief officer who requests a transfer, that: (A) A person requires emergency care and treatment that cannot be provided by the transferring facility; and (B) The transfer is in the person's best interest, the commissioner may authorize the person to be transferred immediately to another department facility. The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure such person or others if not treated in a secure facility. (2) If the commissioner approves the emergency transfer, the commissioner shall notify the chief officers of the transferring and receiving facilities. The chief officer of the transferring facility shall then have the person transferred immediately. A bed shall remain open at the transferring facility for seventy-two (72) hours after the transfer for the readmission of the person. (3) Within seventy-two (72) hours after the transfer, the chief officer of the receiving facility shall determine whether the transfer was appropriate. If the chief officer determines that the transfer was not appropriate, the chief officer shall return the person to the sending facility. If the chief officer determines that the transfer was appropriate, the chief officer shall immediately give the person written notice of the decision. (4) The transfer shall not exceed thirty (30) days, after which the chief officer shall return the person to the facility from which the person came. (5) If the chief officer of the receiving facility determines that the person requires treatment beyond the thirty-day period, the chief officer shall notify the person in writing and apply for indeterminate transfer under subsection (b). The person shall remain in the receiving facility unless the commissioner denies the application for transfer. If the commissioner denies the application, the chief officer of the receiving facility shall have the person transferred to the sending facility immediately.
(1) If the commissioner determines, upon the recommendation of the chief officer who requests a transfer, that: (A) A person requires emergency care and treatment that cannot be provided by the transferring facility; and (B) The transfer is in the person's best interest, the commissioner may authorize the person to be transferred immediately to another department facility. The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure such person or others if not treated in a secure facility.
(A) A person requires emergency care and treatment that cannot be provided by the transferring facility; and
(B) The transfer is in the person's best interest, the commissioner may authorize the person to be transferred immediately to another department facility. The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure such person or others if not treated in a secure facility.
(2) If the commissioner approves the emergency transfer, the commissioner shall notify the chief officers of the transferring and receiving facilities. The chief officer of the transferring facility shall then have the person transferred immediately. A bed shall remain open at the transferring facility for seventy-two (72) hours after the transfer for the readmission of the person.
(3) Within seventy-two (72) hours after the transfer, the chief officer of the receiving facility shall determine whether the transfer was appropriate. If the chief officer determines that the transfer was not appropriate, the chief officer shall return the person to the sending facility. If the chief officer determines that the transfer was appropriate, the chief officer shall immediately give the person written notice of the decision.
(4) The transfer shall not exceed thirty (30) days, after which the chief officer shall return the person to the facility from which the person came.
(5) If the chief officer of the receiving facility determines that the person requires treatment beyond the thirty-day period, the chief officer shall notify the person in writing and apply for indeterminate transfer under subsection (b). The person shall remain in the receiving facility unless the commissioner denies the application for transfer. If the commissioner denies the application, the chief officer of the receiving facility shall have the person transferred to the sending facility immediately.
(d) A person may be transferred from a state facility to a licensed private facility or from a licensed private facility to a state facility, upon proper application, approval of the sending and receiving facilities, and written notice to the committing court, if the person is committed. Once transferred, the person is lawfully admitted to the receiving facility, and the facility may retain the person under the authority of the admission or order applicable to the facility from which the person was transferred.
Amended by 2024 Tenn. Acts, ch. 688,s 68, eff. 7/1/2024.
Acts 1965, ch. 38, § 4(a); 1974, ch. 802, § 22; 1975, ch. 248, § 7; modified; Acts 1976, ch. 763, § 1; Acts 1978, ch. 533, § 4; T.C.A., § 33-309; Acts 1984, ch. 922, § 4; 2000, ch. 947, §§ 1, 6; 2009 , ch. 531, § 35.
Tenn. Code Ann. § 33-9-202 — TN Code / Title 33 / Chapter 9 / Section 33-9-202
Administrator - Designation - Powers
Status: in_force

The commissioner or the commissioner's designee shall be the compact administrator and, acting jointly with like officers of other party states, has the power to adopt rules to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies, and officers of this state and its subdivisions in facilitating the proper administration of the compact and any supplementary agreement entered into by this state. Acts 1971, ch. 364, § 2; 1981, ch. 14, § 3; T.C.A., § 33-1502; Acts 2000, ch. 947, § 1.
The commissioner or the commissioner's designee shall be the compact administrator and, acting jointly with like officers of other party states, has the power to adopt rules to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies, and officers of this state and its subdivisions in facilitating the proper administration of the compact and any supplementary agreement entered into by this state.
Acts 1971, ch. 364, § 2; 1981, ch. 14, § 3; T.C.A., § 33-1502; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-107 — TN Code / Title 33 / Chapter 6 / Section 33-6-107
Treatment review committees
Status: in_force

(a) All inpatient providers of mental health services shall have treatment review committees to make decisions for service recipients who are admitted to inpatient facilities and lack capacity under § 33-3-218 as determined under rules adopted under § 33-3-217 to make decisions for themselves on treatment, release of information to other qualified mental health professionals, other treatment agencies, providers, or a family member, and getting information from other treatment agencies or providers. (b) The treatment review committee shall be composed of at least four (4) members. No one who is a member of a service recipient's treatment team may be a member of the treatment review committee. The treatment review committee should include a licensed physician, a service recipient advocate, and two (2) who are qualified mental health professionals, licensed pharmacists, or clinical chaplains. A treatment review committee that considers treatment for a physical condition or illness must include a physician, physician assistant, or nurse practitioner. The treatment review committee shall encourage service recipients who are sixteen (16) years of age or older and the conservator or surrogate decision maker on behalf of a service recipient who is sixteen (16) years of age or older to participate with the treatment review committee to the extent possible. The treatment review committee shall make every effort to obtain the participation of parents, legal custodian, or legal guardian in the meeting if the service recipient is a child and not emancipated. The service recipient's family members, legal custodian, legal guardian, conservator, or attorney-in-fact under a durable power of attorney for health care may attend the meeting. (c) The treatment review committee shall not override a decision by a parent, legal custodian, or legal guardian of a service recipient who is an unemancipated child, or a conservator of a service recipient. (d) A person committed involuntarily to a hospital or treatment resource who does not lack capacity to make a decision on treatment may be given treatment over the service recipient's objection only if the service recipient's treatment review committee approves the treatment. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 34; 2004, ch. 565, § 9; 2005, ch. 150, § 2.
(a) All inpatient providers of mental health services shall have treatment review committees to make decisions for service recipients who are admitted to inpatient facilities and lack capacity under § 33-3-218 as determined under rules adopted under § 33-3-217 to make decisions for themselves on treatment, release of information to other qualified mental health professionals, other treatment agencies, providers, or a family member, and getting information from other treatment agencies or providers.
(b) The treatment review committee shall be composed of at least four (4) members. No one who is a member of a service recipient's treatment team may be a member of the treatment review committee. The treatment review committee should include a licensed physician, a service recipient advocate, and two (2) who are qualified mental health professionals, licensed pharmacists, or clinical chaplains. A treatment review committee that considers treatment for a physical condition or illness must include a physician, physician assistant, or nurse practitioner. The treatment review committee shall encourage service recipients who are sixteen (16) years of age or older and the conservator or surrogate decision maker on behalf of a service recipient who is sixteen (16) years of age or older to participate with the treatment review committee to the extent possible. The treatment review committee shall make every effort to obtain the participation of parents, legal custodian, or legal guardian in the meeting if the service recipient is a child and not emancipated. The service recipient's family members, legal custodian, legal guardian, conservator, or attorney-in-fact under a durable power of attorney for health care may attend the meeting.
(c) The treatment review committee shall not override a decision by a parent, legal custodian, or legal guardian of a service recipient who is an unemancipated child, or a conservator of a service recipient.
(d) A person committed involuntarily to a hospital or treatment resource who does not lack capacity to make a decision on treatment may be given treatment over the service recipient's objection only if the service recipient's treatment review committee approves the treatment.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 34; 2004, ch. 565, § 9; 2005, ch. 150, § 2.
Tenn. Code Ann. § 33-2-301 — TN Code / Title 33 / Chapter 2 / Section 33-2-301
Basic quality standards for services and supports
Status: in_force

(a) The department shall set basic quality standards for services and supports to all persons served on the basis of mental illness or serious emotional disturbance regardless of whether they are served by the department, the department's contractors, private service providers, other state or local public agencies, agencies licensed by the department, or private service providers that are not licensed under this title and regardless of whether the service recipients are in the custody of state or local government. (b) Basic quality standards shall be the same for all service recipients regardless of where they are served and by whom they are served. Basic quality standards may vary according to the ages of the service recipients to assure appropriate service for children, adults, and the elderly. Amended by 2024 Tenn. Acts, ch. 688,s 26, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
(a) The department shall set basic quality standards for services and supports to all persons served on the basis of mental illness or serious emotional disturbance regardless of whether they are served by the department, the department's contractors, private service providers, other state or local public agencies, agencies licensed by the department, or private service providers that are not licensed under this title and regardless of whether the service recipients are in the custody of state or local government.
(b) Basic quality standards shall be the same for all service recipients regardless of where they are served and by whom they are served. Basic quality standards may vary according to the ages of the service recipients to assure appropriate service for children, adults, and the elderly.
Amended by 2024 Tenn. Acts, ch. 688,s 26, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-1304 — TN Code / Title 33 / Chapter 2 / Section 33-2-1304
Personnel records to indicate conflict of interest as reason for relief of duties
Status: in_force

If a person is relieved of decision-making authority or responsibility under this part, the personnel records of the officer or employee shall state that the officer or employee was relieved of authority or responsibility solely to conform to this part. Acts 1996, ch. 669, § 1; T.C.A., § 33-3-112(d) ; Acts 2000, ch. 947, § 1.
If a person is relieved of decision-making authority or responsibility under this part, the personnel records of the officer or employee shall state that the officer or employee was relieved of authority or responsibility solely to conform to this part.
Acts 1996, ch. 669, § 1; T.C.A., § 33-3-112(d) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-208 — TN Code / Title 33 / Chapter 6 / Section 33-6-208
Notification of parent, guardian or custodian prior to release of child
Status: in_force

The chief officer shall notify the parent, legal guardian, or legal custodian of a service recipient who is a child, before releasing the child. If the chief officer has reason to believe that the child is likely to be dependent and neglected upon release, then the chief officer shall notify the department of children's services before the release. Acts 2000, ch. 947, § 1.
The chief officer shall notify the parent, legal guardian, or legal custodian of a service recipient who is a child, before releasing the child. If the chief officer has reason to believe that the child is likely to be dependent and neglected upon release, then the chief officer shall notify the department of children's services before the release.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-611 — TN Code / Title 33 / Chapter 3 / Section 33-3-611
Transportation to hearing
Status: in_force

The chief officer of a facility in which the defendant is found shall arrange for suitable transportation of the person to the court where the hearing is to be held, except that the sheriff shall provide transportation if the defendant has been committed in connection with criminal charges. Acts 1983, ch. 323, § 9; T.C.A., § 33-370; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
The chief officer of a facility in which the defendant is found shall arrange for suitable transportation of the person to the court where the hearing is to be held, except that the sheriff shall provide transportation if the defendant has been committed in connection with criminal charges.
Acts 1983, ch. 323, § 9; T.C.A., § 33-370; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-505 — TN Code / Title 33 / Chapter 10 / Section 33-10-505
Duties of commissioner
Status: in_force

The commissioner shall develop: (1) The criteria for determining how available funds for grants shall be disbursed to qualifying organizations; and (2) The application and appeals process for issuing the grants. Acts 2005, ch. 484, § 6; 2009, ch. 186, § 44; T.C.A. § 68-1-605 .
The commissioner shall develop:
(1) The criteria for determining how available funds for grants shall be disbursed to qualifying organizations; and
(2) The application and appeals process for issuing the grants.
Acts 2005, ch. 484, § 6; 2009, ch. 186, § 44; T.C.A. § 68-1-605 .
Tenn. Code Ann. § 33-5-601 — TN Code / Title 33 / Chapter 5 / Section 33-5-601
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2010 , ch. 1100, § 44.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2010 , ch. 1100, § 44.
Tenn. Code Ann. § 33-5-111 — TN Code / Title 33 / Chapter 5 / Section 33-5-111
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2011 , ch. 158, § 45.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2011 , ch. 158, § 45.
Tenn. Code Ann. § 33-2-1108 — TN Code / Title 33 / Chapter 2 / Section 33-2-1108
Voluntary contribution of funds
Status: in_force

If a person who is not legally responsible to pay for a service recipient's care contributes funds voluntarily for the service recipient's care, the department may accept the funds. Acts 1983, ch. 323, § 32; 1996, ch. 795, § 8; T.C.A., § 33-4-111; Acts 2000, ch. 947, § 1.
If a person who is not legally responsible to pay for a service recipient's care contributes funds voluntarily for the service recipient's care, the department may accept the funds.
Acts 1983, ch. 323, § 32; 1996, ch. 795, § 8; T.C.A., § 33-4-111; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-403 — TN Code / Title 33 / Chapter 3 / Section 33-3-403
Emergency residential care and treatment
Status: in_force

(a) If the director of a facility of the department of correction determines, on the basis of a written report of a licensed physician or a licensed psychologist designated as a health service provider, that a person in the director's custody: (1) Has mental illness or serious emotional disturbance; and (2) Is in need of emergency residential care and treatment for the condition that cannot be provided at an appropriate facility of the department of correction and that can be provided at an appropriate residential program of the department of mental health and substance abuse services, Click here to view form. (b) When a person is transferred from the department of correction to the department of mental health and substance abuse services under this section, the chief officer of the receiving facility shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter unless the person is returned to the department of correction before the scheduled hearing date. Acts 1984, ch. 922, § 34; 1989, ch. 278, § 33; 1996, ch. 1079, §§ 43-45; 2000, ch. 947, §§ 1, 6; 2010 , ch. 1100, § 38; 2012 , ch. 575, § 1.
(a) If the director of a facility of the department of correction determines, on the basis of a written report of a licensed physician or a licensed psychologist designated as a health service provider, that a person in the director's custody: (1) Has mental illness or serious emotional disturbance; and (2) Is in need of emergency residential care and treatment for the condition that cannot be provided at an appropriate facility of the department of correction and that can be provided at an appropriate residential program of the department of mental health and substance abuse services, Click here to view form.
(1) Has mental illness or serious emotional disturbance; and
(2) Is in need of emergency residential care and treatment for the condition that cannot be provided at an appropriate facility of the department of correction and that can be provided at an appropriate residential program of the department of mental health and substance abuse services, Click here to view form.
Click here to view form.
(b) When a person is transferred from the department of correction to the department of mental health and substance abuse services under this section, the chief officer of the receiving facility shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter unless the person is returned to the department of correction before the scheduled hearing date.
Acts 1984, ch. 922, § 34; 1989, ch. 278, § 33; 1996, ch. 1079, §§ 43-45; 2000, ch. 947, §§ 1, 6; 2010 , ch. 1100, § 38; 2012 , ch. 575, § 1.
3_403_1 - Attachment
Tenn. Code Ann. § 33-2-501 — TN Code / Title 33 / Chapter 2 / Section 33-2-501
Transportation options
Status: in_force

The department shall develop an array of options for transportation for all regions of the state that shall include, but not be limited to, willing family members, transportation agents that are available twenty-four (24) hours per day, ambulance or other medically appropriate vehicles, law enforcement, and public and private service providers. Acts 2000, ch. 947, § 1.
The department shall develop an array of options for transportation for all regions of the state that shall include, but not be limited to, willing family members, transportation agents that are available twenty-four (24) hours per day, ambulance or other medically appropriate vehicles, law enforcement, and public and private service providers.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-410 — TN Code / Title 33 / Chapter 6 / Section 33-6-410
Admission of detainee to state facility
Status: in_force

If the chief officer of a state hospital or treatment resource determines that the person is subject to admission under § 33-6-403 and has the required certificates of need, then the chief officer of the state facility shall admit and detain the person for emergency diagnosis, evaluation and treatment. Acts 2000, ch. 947, § 1.
If the chief officer of a state hospital or treatment resource determines that the person is subject to admission under § 33-6-403 and has the required certificates of need, then the chief officer of the state facility shall admit and detain the person for emergency diagnosis, evaluation and treatment.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-609 — TN Code / Title 33 / Chapter 6 / Section 33-6-609
Failure to comply with outpatient treatment plan - Action to enforce
Status: in_force

IF (1) the parent, legal guardian, conservator, spouse, responsible relative, or qualified mental health professional of a service recipient who has been discharged subject to the obligation to participate in outpatient treatment, the person who initiated the commitment proceeding of the service recipient, or the chief officer of the discharging facility files an affidavit with the court that committed the service recipient or any court with jurisdiction under chapter 6, part 5, of this title in the county where the person is being treated or is staying showing that: (A) the person is required to be participating in outpatient treatment under § 33-6-602 , (B) the person is, without good cause, out of compliance with the treatment plan, and (C) the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily, THEN (2) the court shall have jurisdiction to conduct original proceedings to enforce the outpatient treatment obligation, AND (3) the court may order the person to appear before the court at a stated time not later than five (5) business days after the order is issued to determine whether the person is required by this part to be participating in the outpatient treatment and has failed, without good cause, to participate in the treatment as required, AND (4) the order and a copy of the affidavit shall be served immediately on the person, the qualified mental health professional, and, if the discharge was under § 33-6-708 , the district attorney general for the jurisdiction in which the committing court is located. Acts 1982, ch. 862, § 5; 1983, ch. 323, § 21; T.C.A., § 33-616; Acts 1984, ch. 922, §§ 28-30; 1988, ch. 862, § 3; T.C.A., § 33-6-202 ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 44.
IF
(1) the parent, legal guardian, conservator, spouse, responsible relative, or qualified mental health professional of a service recipient who has been discharged subject to the obligation to participate in outpatient treatment, the person who initiated the commitment proceeding of the service recipient, or the chief officer of the discharging facility files an affidavit with the court that committed the service recipient or any court with jurisdiction under chapter 6, part 5, of this title in the county where the person is being treated or is staying showing that: (A) the person is required to be participating in outpatient treatment under § 33-6-602 , (B) the person is, without good cause, out of compliance with the treatment plan, and (C) the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily, THEN
(A) the person is required to be participating in outpatient treatment under § 33-6-602 ,
(B) the person is, without good cause, out of compliance with the treatment plan, and
(C) the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily, THEN
THEN
(2) the court shall have jurisdiction to conduct original proceedings to enforce the outpatient treatment obligation, AND
(3) the court may order the person to appear before the court at a stated time not later than five (5) business days after the order is issued to determine whether the person is required by this part to be participating in the outpatient treatment and has failed, without good cause, to participate in the treatment as required, AND
(4) the order and a copy of the affidavit shall be served immediately on the person, the qualified mental health professional, and, if the discharge was under § 33-6-708 , the district attorney general for the jurisdiction in which the committing court is located.
Acts 1982, ch. 862, § 5; 1983, ch. 323, § 21; T.C.A., § 33-616; Acts 1984, ch. 922, §§ 28-30; 1988, ch. 862, § 3; T.C.A., § 33-6-202 ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 44.
Tenn. Code Ann. § 33-4-101 — TN Code / Title 33 / Chapter 4 / Section 33-4-101
Right to receive visitors - Right to communicate with family, attorney, physician, minister and courts
Status: in_force

(a) A person with mental illness or serious emotional disturbance is entitled to: (1) Receive visitors during regular visiting hours; and (2) Communicate, orally or by sending and receiving uncensored mail, with the service recipient's family, attorney, personal physician, minister, and the courts. (b) All other incoming mail or parcels may be read or opened before being delivered to a service recipient, if the chief officer of the facility believes the action is necessary for the physical or mental health of the service recipient who is the intended recipient. Mail or other communication that is not delivered to the service recipient for whom it is intended shall be returned immediately to the sender. (c) The chief officer may make reasonable rules regarding visitors, visiting hours, and the use of communication resources. Amended by 2024 Tenn. Acts, ch. 688,s 84, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
(a) A person with mental illness or serious emotional disturbance is entitled to: (1) Receive visitors during regular visiting hours; and (2) Communicate, orally or by sending and receiving uncensored mail, with the service recipient's family, attorney, personal physician, minister, and the courts.
(1) Receive visitors during regular visiting hours; and
(2) Communicate, orally or by sending and receiving uncensored mail, with the service recipient's family, attorney, personal physician, minister, and the courts.
(b) All other incoming mail or parcels may be read or opened before being delivered to a service recipient, if the chief officer of the facility believes the action is necessary for the physical or mental health of the service recipient who is the intended recipient. Mail or other communication that is not delivered to the service recipient for whom it is intended shall be returned immediately to the sender.
(c) The chief officer may make reasonable rules regarding visitors, visiting hours, and the use of communication resources.
Amended by 2024 Tenn. Acts, ch. 688,s 84, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-613 — TN Code / Title 33 / Chapter 3 / Section 33-3-613
Conduct of hearing
Status: in_force

The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure. Acts 1983, ch. 323, § 9; T.C.A., § 33-372; Acts 2000, ch. 947, § 1.
The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure.
Acts 1983, ch. 323, § 9; T.C.A., § 33-372; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-1005 — TN Code / Title 33 / Chapter 6 / Section 33-6-1005
Effective date and applicability of declaration - Compliance
Status: in_force

(a) A declaration becomes effective when it is signed by the declarant and all witnesses and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the service recipient has been found to be incapable of making mental health treatment decisions. The physician or provider shall continue to obtain the service recipient's informed consent to all mental health treatment decisions if the service recipient is capable of providing informed consent or refusal. (b) Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the service recipient's medical record. When acting under authority of a declaration, a physician or provider shall comply with it to the fullest extent possible. (c) If the physician or other provider is unwilling at any time to comply with the declaration for mental health treatment, the physician or provider may withdraw from providing treatment consistent with the exercise of independent medical judgment and shall promptly notify the service recipient and document the notification in the service recipient's medical record. The physician or other provider shall arrange for the prompt and orderly transfer of the patient to the care of others when as a matter of conscience the health care provider cannot implement the decisions as provided in the declaration for mental health treatment. Acts 2000, ch. 947, § 1.
(a) A declaration becomes effective when it is signed by the declarant and all witnesses and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the service recipient has been found to be incapable of making mental health treatment decisions. The physician or provider shall continue to obtain the service recipient's informed consent to all mental health treatment decisions if the service recipient is capable of providing informed consent or refusal.
(b) Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the service recipient's medical record. When acting under authority of a declaration, a physician or provider shall comply with it to the fullest extent possible.
(c) If the physician or other provider is unwilling at any time to comply with the declaration for mental health treatment, the physician or provider may withdraw from providing treatment consistent with the exercise of independent medical judgment and shall promptly notify the service recipient and document the notification in the service recipient's medical record. The physician or other provider shall arrange for the prompt and orderly transfer of the patient to the care of others when as a matter of conscience the health care provider cannot implement the decisions as provided in the declaration for mental health treatment.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-7-304 — TN Code / Title 33 / Chapter 7 / Section 33-7-304
Cost of evaluation and treatment - Court-ordered inpatient evaluation to be completed within thirty days of admission
Status: in_force

(a) The cost of evaluation and treatment under this part will be a charge upon the funds of the state. If the court finds the defendant financially able to pay all or part of the costs and expenses for the evaluation and treatment, the court may order the defendant to pay all or part of the costs and expenses. Payment must be made to the clerk of court for remittance to the person, agency, or facility to whom compensation is due, or, if the costs and expenses have been paid by the state, to the appropriate office of the state. (b) When a court orders a defendant charged with a misdemeanor to be evaluated under § 33-7-301(a) , the court shall order that any inpatient evaluation be completed within thirty (30) days of admission to the facility. Amended by 2024 Tenn. Acts, ch. 905,s 1, eff. 7/1/2024. Acts 2009 , ch. 531, § 45; 2012 , ch. 997, § 1.
(a) The cost of evaluation and treatment under this part will be a charge upon the funds of the state. If the court finds the defendant financially able to pay all or part of the costs and expenses for the evaluation and treatment, the court may order the defendant to pay all or part of the costs and expenses. Payment must be made to the clerk of court for remittance to the person, agency, or facility to whom compensation is due, or, if the costs and expenses have been paid by the state, to the appropriate office of the state.
(b) When a court orders a defendant charged with a misdemeanor to be evaluated under § 33-7-301(a) , the court shall order that any inpatient evaluation be completed within thirty (30) days of admission to the facility.
Amended by 2024 Tenn. Acts, ch. 905,s 1, eff. 7/1/2024.
Acts 2009 , ch. 531, § 45; 2012 , ch. 997, § 1.
Tenn. Code Ann. § 33-2-402 — TN Code / Title 33 / Chapter 2 / Section 33-2-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Abuse" means the knowing infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish; (2) "Alcohol and drug prevention and/or treatment facility" means an institution, treatment resource, rehabilitation center, hospital, community mental health center, nonresidential office-based opiate treatment facility, nonresidential substitution-based treatment center for opiate addiction, DUI school, counseling center, clinic, halfway house, or other entity, by these or other names, providing alcohol and drug services; provided, that a DUI school operated by a state institution of higher education shall not be considered an alcohol and drug treatment facility for purposes of this chapter; provided, further, that "alcohol and drug prevention and treatment facility" does not include any facility otherwise licensed by the department or the department of health or approved by the department of education; (3) "Alcohol and drug services" includes evaluation, treatment, residential personal care, habilitation, rehabilitation, counseling, or supervision of persons with substance use disorder, or services to persons designed to prevent substance use disorder that either receive funds from the department of health or assess fees for services provided; however, a DUI school operated by a state institution of higher education is not considered alcohol and drug services for purposes of this part; (4) "Commissioner" means the commissioner of mental health and substance abuse services, the commissioner's authorized representative, or in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of mental health and substance abuse services; (5) [Deleted by 2024 amendment.] (6) "Department" means the department of mental health and substance abuse services; (7) "Facility" means a treatment resource, rehabilitation center, hospital, community mental health center, counseling center, clinic, group home, halfway house or any other entity that provides a mental health service or an alcohol and drug abuse prevention and/or treatment facility; (8) "Licensee" means a proprietorship, a partnership, an association, a governmental agency, or corporation, that operates a facility or a service and has obtained a license under this part; (9) "Misappropriation of property" means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of belongings or money without consent; (10) "Neglect" means failure to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness, which results in injury or probable risk of serious harm; (11) (A) "Nonresidential office-based opiate treatment facility" includes, but is not limited to, stand-alone clinics, treatment resources, individual physical locations occupied as the professional practice of a prescriber or prescribers licensed pursuant to title 63, or other entities prescribing products containing buprenorphine, or products containing any other controlled substance designed to treat opiate addiction by preventing symptoms of withdrawal to twenty-five percent (25%) or more of its patients or to one hundred fifty (150) or more patients; (B) For the purposes of subdivision (11)(A), "physical location" means real property on which is located a physical structure, whether or not that structure is attached to real property, containing one (1) or more units and includes an individual apartment, office, condominium, cooperative unit, mobile or manufactured home, or trailer, if used as a site for prescribing or dispensing products containing buprenorphine, or products containing any other controlled substance designed to treat opiate addiction by preventing symptoms of withdrawal; (C) "Nonresidential office-based opiate treatment facility" does not include: (i) A facility that meets the definition of a nonresidential substitution-based treatment center for opiate addiction; (ii) A community mental health center, as defined in § 33-1-101 ; or (iii) A federally qualified health center, as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively); (12) "Nonresidential substitution-based treatment center for opiate addiction" or "nonresidential opioid treatment program" includes, but is not limited to, stand-alone clinics offering methadone, products containing buprenorphine such as Subutex and Suboxone, or products containing any other formulation designed to treat opiate addiction by preventing symptoms of withdrawal; (13) "Personal support services" means nursing consultation, education services, and other personal assistance services as defined by rule, which are provided to individuals with substantial limitation in two (2) or more major life activities in either their regular or temporary residences, but does not mean direct nursing services provided in connection with an acute episode of illness or injury; (14) "Reputable and responsible character" means that the applicant or licensee can be trusted with responsibility for persons who are particularly vulnerable to abuse, neglect, and financial or sexual exploitation; and (15) "Service" includes any activity to prevent, treat, or ameliorate mental illness, serious emotional disturbance or alcohol or drug use, which includes diagnosis, evaluation, residential assistance, training, habilitation, rehabilitation, prevention, treatment, counseling, case coordination, or supervision of persons with mental illness, alcohol and drug abuse issues, and serious emotional disturbances. Amended by 2024 Tenn. Acts, ch. 808,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 32, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 31, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 30, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 29, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 28, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 309, s 3, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 89, s 1, eff. 4/4/2019. Amended by 2018 Tenn. Acts, ch. 978, s 2, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 978, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 912, Secs.s 1, s 2 eff. 4/27/2016. Acts 1978, ch. 853, § 2; 1981, ch. 436, § 1; 1983, ch. 323, §§ 25, 26; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; 1987, ch. 248, § 3; 1988, ch. 828, §§ 3, 4; 1988, ch. 875, §§ 1, 2; 1989, ch. 513, §§ 1, 14; 1993, ch. 234, § 22; 1996, ch. 1074, § 1; T.C.A., § 33-2-502 ; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 1; 2003 , ch. 103, § 1; 2003 , ch. 242, § 2; 2009 , ch. 186, §§ 46, 47; 2010 , ch. 1100, §§ 24, 34, 35; 2011 , ch. 158, § 14; 2012 , ch. 575, §§ 1, 2; 2012 , ch. 1010, § 3.
As used in this part, unless the context otherwise requires:
(1) "Abuse" means the knowing infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;
(2) "Alcohol and drug prevention and/or treatment facility" means an institution, treatment resource, rehabilitation center, hospital, community mental health center, nonresidential office-based opiate treatment facility, nonresidential substitution-based treatment center for opiate addiction, DUI school, counseling center, clinic, halfway house, or other entity, by these or other names, providing alcohol and drug services; provided, that a DUI school operated by a state institution of higher education shall not be considered an alcohol and drug treatment facility for purposes of this chapter; provided, further, that "alcohol and drug prevention and treatment facility" does not include any facility otherwise licensed by the department or the department of health or approved by the department of education;
(3) "Alcohol and drug services" includes evaluation, treatment, residential personal care, habilitation, rehabilitation, counseling, or supervision of persons with substance use disorder, or services to persons designed to prevent substance use disorder that either receive funds from the department of health or assess fees for services provided; however, a DUI school operated by a state institution of higher education is not considered alcohol and drug services for purposes of this part;
(4) "Commissioner" means the commissioner of mental health and substance abuse services, the commissioner's authorized representative, or in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of mental health and substance abuse services;
(5) [Deleted by 2024 amendment.]
(6) "Department" means the department of mental health and substance abuse services;
(7) "Facility" means a treatment resource, rehabilitation center, hospital, community mental health center, counseling center, clinic, group home, halfway house or any other entity that provides a mental health service or an alcohol and drug abuse prevention and/or treatment facility;
(8) "Licensee" means a proprietorship, a partnership, an association, a governmental agency, or corporation, that operates a facility or a service and has obtained a license under this part;
(9) "Misappropriation of property" means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of belongings or money without consent;
(10) "Neglect" means failure to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness, which results in injury or probable risk of serious harm;
(11) (A) "Nonresidential office-based opiate treatment facility" includes, but is not limited to, stand-alone clinics, treatment resources, individual physical locations occupied as the professional practice of a prescriber or prescribers licensed pursuant to title 63, or other entities prescribing products containing buprenorphine, or products containing any other controlled substance designed to treat opiate addiction by preventing symptoms of withdrawal to twenty-five percent (25%) or more of its patients or to one hundred fifty (150) or more patients; (B) For the purposes of subdivision (11)(A), "physical location" means real property on which is located a physical structure, whether or not that structure is attached to real property, containing one (1) or more units and includes an individual apartment, office, condominium, cooperative unit, mobile or manufactured home, or trailer, if used as a site for prescribing or dispensing products containing buprenorphine, or products containing any other controlled substance designed to treat opiate addiction by preventing symptoms of withdrawal; (C) "Nonresidential office-based opiate treatment facility" does not include: (i) A facility that meets the definition of a nonresidential substitution-based treatment center for opiate addiction; (ii) A community mental health center, as defined in § 33-1-101 ; or (iii) A federally qualified health center, as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively);
(A) "Nonresidential office-based opiate treatment facility" includes, but is not limited to, stand-alone clinics, treatment resources, individual physical locations occupied as the professional practice of a prescriber or prescribers licensed pursuant to title 63, or other entities prescribing products containing buprenorphine, or products containing any other controlled substance designed to treat opiate addiction by preventing symptoms of withdrawal to twenty-five percent (25%) or more of its patients or to one hundred fifty (150) or more patients;
(B) For the purposes of subdivision (11)(A), "physical location" means real property on which is located a physical structure, whether or not that structure is attached to real property, containing one (1) or more units and includes an individual apartment, office, condominium, cooperative unit, mobile or manufactured home, or trailer, if used as a site for prescribing or dispensing products containing buprenorphine, or products containing any other controlled substance designed to treat opiate addiction by preventing symptoms of withdrawal;
(C) "Nonresidential office-based opiate treatment facility" does not include: (i) A facility that meets the definition of a nonresidential substitution-based treatment center for opiate addiction; (ii) A community mental health center, as defined in § 33-1-101 ; or (iii) A federally qualified health center, as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively);
(i) A facility that meets the definition of a nonresidential substitution-based treatment center for opiate addiction;
(ii) A community mental health center, as defined in § 33-1-101 ; or
(iii) A federally qualified health center, as defined under §§ 1861(aa) and 1905 of the federal Social Security Act ( 42 U.S.C. §§ 1395x and 1396d , respectively);
(12) "Nonresidential substitution-based treatment center for opiate addiction" or "nonresidential opioid treatment program" includes, but is not limited to, stand-alone clinics offering methadone, products containing buprenorphine such as Subutex and Suboxone, or products containing any other formulation designed to treat opiate addiction by preventing symptoms of withdrawal;
(13) "Personal support services" means nursing consultation, education services, and other personal assistance services as defined by rule, which are provided to individuals with substantial limitation in two (2) or more major life activities in either their regular or temporary residences, but does not mean direct nursing services provided in connection with an acute episode of illness or injury;
(14) "Reputable and responsible character" means that the applicant or licensee can be trusted with responsibility for persons who are particularly vulnerable to abuse, neglect, and financial or sexual exploitation; and
(15) "Service" includes any activity to prevent, treat, or ameliorate mental illness, serious emotional disturbance or alcohol or drug use, which includes diagnosis, evaluation, residential assistance, training, habilitation, rehabilitation, prevention, treatment, counseling, case coordination, or supervision of persons with mental illness, alcohol and drug abuse issues, and serious emotional disturbances.
Amended by 2024 Tenn. Acts, ch. 808,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 32, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 31, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 30, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 29, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 28, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 309, s 3, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 89, s 1, eff. 4/4/2019.
Amended by 2018 Tenn. Acts, ch. 978, s 2, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 978, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 912, Secs.s 1, s 2 eff. 4/27/2016.
Acts 1978, ch. 853, § 2; 1981, ch. 436, § 1; 1983, ch. 323, §§ 25, 26; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; 1987, ch. 248, § 3; 1988, ch. 828, §§ 3, 4; 1988, ch. 875, §§ 1, 2; 1989, ch. 513, §§ 1, 14; 1993, ch. 234, § 22; 1996, ch. 1074, § 1; T.C.A., § 33-2-502 ; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 1; 2003 , ch. 103, § 1; 2003 , ch. 242, § 2; 2009 , ch. 186, §§ 46, 47; 2010 , ch. 1100, §§ 24, 34, 35; 2011 , ch. 158, § 14; 2012 , ch. 575, §§ 1, 2; 2012 , ch. 1010, § 3.
Tenn. Code Ann. § 33-2-803 — TN Code / Title 33 / Chapter 2 / Section 33-2-803
Powers and duties of chief officers
Status: in_force

(a) The chief officer shall be under the direction of the commissioner and has the following powers and duties to: (1) Exercise general superintendence over all matters relating to the facility; (2) Perform the duties of a treasurer of the facility without any additional compensation, depositing all moneys coming into the chief officer's hands in some one of the banks designated as state depositories, for safekeeping, until drawn out from time to time for the benefit of the facility; and (3) Make reports as the commissioner may require. (b) The chief officer shall be authorized to make written application to the governor for issuance of requisition papers for the purpose of returning any person to the state who has left a facility without authorization and fled from the state when the person with mental illness or serious emotional disturbance had been committed to the facility or the custody of the commissioner. The application shall be in the same form as required for the return of a fugitive from justice. (c) Chapter 4, part 2 of this title, to the extent that its application would be contrary to other statutes or to federal law, shall not apply to money or funds that are paid to the chief officer of a facility by the veterans' administration. Amended by 2024 Tenn. Acts, ch. 688,s 51, eff. 7/1/2024. Acts 1965, ch. 82, § 12; 1969, ch. 107, § 1; 1973, ch. 127, § 2; 1974, ch. 802, § 11; 1975, ch. 248, § 1; 1981, ch. 224, § 1; 1983, ch. 323, §§ 1-3; T.C.A., § 33-205; Acts 1984, ch. 922, § 3; 1985, ch. 437, §§ 2-4; T.C.A., § 33-2-105 ; Acts 2000, ch. 947, § 1.
(a) The chief officer shall be under the direction of the commissioner and has the following powers and duties to: (1) Exercise general superintendence over all matters relating to the facility; (2) Perform the duties of a treasurer of the facility without any additional compensation, depositing all moneys coming into the chief officer's hands in some one of the banks designated as state depositories, for safekeeping, until drawn out from time to time for the benefit of the facility; and (3) Make reports as the commissioner may require.
(1) Exercise general superintendence over all matters relating to the facility;
(2) Perform the duties of a treasurer of the facility without any additional compensation, depositing all moneys coming into the chief officer's hands in some one of the banks designated as state depositories, for safekeeping, until drawn out from time to time for the benefit of the facility; and
(3) Make reports as the commissioner may require.
(b) The chief officer shall be authorized to make written application to the governor for issuance of requisition papers for the purpose of returning any person to the state who has left a facility without authorization and fled from the state when the person with mental illness or serious emotional disturbance had been committed to the facility or the custody of the commissioner. The application shall be in the same form as required for the return of a fugitive from justice.
(c) Chapter 4, part 2 of this title, to the extent that its application would be contrary to other statutes or to federal law, shall not apply to money or funds that are paid to the chief officer of a facility by the veterans' administration.
Amended by 2024 Tenn. Acts, ch. 688,s 51, eff. 7/1/2024.
Acts 1965, ch. 82, § 12; 1969, ch. 107, § 1; 1973, ch. 127, § 2; 1974, ch. 802, § 11; 1975, ch. 248, § 1; 1981, ch. 224, § 1; 1983, ch. 323, §§ 1-3; T.C.A., § 33-205; Acts 1984, ch. 922, § 3; 1985, ch. 437, §§ 2-4; T.C.A., § 33-2-105 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-7-401 — TN Code / Title 33 / Chapter 7 / Section 33-7-401
Mandatory community-based services for felony defendant incompetent to stand trial but not committable
Status: in_force

IF AND ONLY IF: (1) A court with criminal jurisdiction holds a hearing to commit an adult with mental illness under § 33-7-301 , AND (2) The court finds on proof by clear and convincing evidence that the person is: (A) Charged with a felony, (B) Incompetent to stand trial, (C) Not committable under § 33-6-502 , AND (D) At risk of becoming committable, AND (3) The department certifies to the court that there are funds available within the limits of the department's line item appropriation for services under this section for service to the person, THEN (4) The court shall order the person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable. Amended by 2024 Tenn. Acts, ch. 784,s 17, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
IF AND ONLY IF:
(1) A court with criminal jurisdiction holds a hearing to commit an adult with mental illness under § 33-7-301 , AND
(2) The court finds on proof by clear and convincing evidence that the person is: (A) Charged with a felony, (B) Incompetent to stand trial, (C) Not committable under § 33-6-502 , AND (D) At risk of becoming committable, AND
(A) Charged with a felony,
(B) Incompetent to stand trial,
(C) Not committable under § 33-6-502 , AND
(D) At risk of becoming committable, AND
(3) The department certifies to the court that there are funds available within the limits of the department's line item appropriation for services under this section for service to the person, THEN
THEN
(4) The court shall order the person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable.
Amended by 2024 Tenn. Acts, ch. 784,s 17, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-1-302 — TN Code / Title 33 / Chapter 1 / Section 33-1-302
Other powers of department - Power to make grants and contracts - Cooperative programs - Rulemaking - Operation of facilities
Status: in_force

(a) The department may: (1) Make grants and contracts under terms and conditions that the commissioner prescribes to any county, city, or profit or nonprofit corporation or any combination of them for the construction, maintenance or operation of facilities, programs, or an array of high quality prevention, early intervention, treatment, and habilitation services and supports for service recipients and their families; (2) Enter into cooperative programs for the construction, maintenance or operation of facilities, programs or services to provide care, habilitation and treatment for service recipients; (3) Make and enforce rules that are necessary for the efficient financial management and lawful operation of the facilities, programs or services; (4) Construct, maintain and operate the facilities, programs or services; and (5) With the approval of the commissioner of finance and administration and the comptroller of the treasury, establish or cause to be established revolving loan fund programs to assist recipients of publicly funded services under this title to acquire or maintain affordable housing. (b) (1) Each governing body of the facility, program, or service shall have an annual audit made of its accounts and records. The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards and determining if the audits meet minimum audit standards that shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this subsection (b) until the audit has been approved by the comptroller of the treasury. The audits may be prepared by the department of audit, or with the prior written approval of the comptroller, by a licensed independent public accountant. (2) All audits performed by the internal audit staff of the facility, program, or service shall be conducted in conformity with the standards established by the comptroller of the treasury under § 4-3-304(9) . Acts 1965, ch. 82, § 2; 1975, ch. 248, § 1; T.C.A., § 33-102; Acts 1984, ch. 794, § 11; 1986, ch. 570, § 1; 1987, ch. 98, § 1; 1988, ch. 623, § 1; T.C.A., § 33-1-202 ; Acts 2000, ch. 947, §§ 1, 6.
(a) The department may: (1) Make grants and contracts under terms and conditions that the commissioner prescribes to any county, city, or profit or nonprofit corporation or any combination of them for the construction, maintenance or operation of facilities, programs, or an array of high quality prevention, early intervention, treatment, and habilitation services and supports for service recipients and their families; (2) Enter into cooperative programs for the construction, maintenance or operation of facilities, programs or services to provide care, habilitation and treatment for service recipients; (3) Make and enforce rules that are necessary for the efficient financial management and lawful operation of the facilities, programs or services; (4) Construct, maintain and operate the facilities, programs or services; and (5) With the approval of the commissioner of finance and administration and the comptroller of the treasury, establish or cause to be established revolving loan fund programs to assist recipients of publicly funded services under this title to acquire or maintain affordable housing.
(1) Make grants and contracts under terms and conditions that the commissioner prescribes to any county, city, or profit or nonprofit corporation or any combination of them for the construction, maintenance or operation of facilities, programs, or an array of high quality prevention, early intervention, treatment, and habilitation services and supports for service recipients and their families;
(2) Enter into cooperative programs for the construction, maintenance or operation of facilities, programs or services to provide care, habilitation and treatment for service recipients;
(3) Make and enforce rules that are necessary for the efficient financial management and lawful operation of the facilities, programs or services;
(4) Construct, maintain and operate the facilities, programs or services; and
(5) With the approval of the commissioner of finance and administration and the comptroller of the treasury, establish or cause to be established revolving loan fund programs to assist recipients of publicly funded services under this title to acquire or maintain affordable housing.
(b) (1) Each governing body of the facility, program, or service shall have an annual audit made of its accounts and records. The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards and determining if the audits meet minimum audit standards that shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this subsection (b) until the audit has been approved by the comptroller of the treasury. The audits may be prepared by the department of audit, or with the prior written approval of the comptroller, by a licensed independent public accountant. (2) All audits performed by the internal audit staff of the facility, program, or service shall be conducted in conformity with the standards established by the comptroller of the treasury under § 4-3-304(9) .
(1) Each governing body of the facility, program, or service shall have an annual audit made of its accounts and records. The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards and determining if the audits meet minimum audit standards that shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this subsection (b) until the audit has been approved by the comptroller of the treasury. The audits may be prepared by the department of audit, or with the prior written approval of the comptroller, by a licensed independent public accountant.
(2) All audits performed by the internal audit staff of the facility, program, or service shall be conducted in conformity with the standards established by the comptroller of the treasury under § 4-3-304(9) .
Acts 1965, ch. 82, § 2; 1975, ch. 248, § 1; T.C.A., § 33-102; Acts 1984, ch. 794, § 11; 1986, ch. 570, § 1; 1987, ch. 98, § 1; 1988, ch. 623, § 1; T.C.A., § 33-1-202 ; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-6-703 — TN Code / Title 33 / Chapter 6 / Section 33-6-703
Discharge of person eligible for release - Petition for review where one (1)
Status: in_force

If, after considering the reports of the physicians and other relevant information, the chief officer determines that the person is eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 and that the discharge is not subject to judicial review under § 33-6-708 , the chief officer shall order the immediate release of the person and notify the committing court. If one (1) or more of the physicians participating in the examination reports that the person no longer meets the standards under which the person was admitted, the person may petition the court that ordered the hospitalization for an order directing the person's release. The person shall be apprised of the results of the examination reports and shall be furnished true copies of them, which shall accompany the person's petition. Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., § 33-6-108(b)(2) ; Acts 2000, ch. 947, § 1.
If, after considering the reports of the physicians and other relevant information, the chief officer determines that the person is eligible for discharge under § 33-6-602 , § 33-6-705 or § 33-6-706 and that the discharge is not subject to judicial review under § 33-6-708 , the chief officer shall order the immediate release of the person and notify the committing court. If one (1) or more of the physicians participating in the examination reports that the person no longer meets the standards under which the person was admitted, the person may petition the court that ordered the hospitalization for an order directing the person's release. The person shall be apprised of the results of the examination reports and shall be furnished true copies of them, which shall accompany the person's petition.
Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., § 33-6-108(b)(2) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-11-102 — TN Code / Title 33 / Chapter 11 / Section 33-11-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Commissioner" means the commissioner of mental health and substance abuse services; (2) "Council" means the Tennessee opioid abatement council; (3) "Department" means the department of mental health and substance abuse services; (4) "Director" means the executive director of the council; (5) "Opioid abatement and remediation purposes" means programs, strategies, expenditures, and other actions designed to prevent and address the misuse and abuse of opioid products and treat or mitigate opioid use or related disorders or other effects of the opioid epidemic; (6) "Opioid abatement fund" means the fund created by § 9-4-1301 ; (7) "State-subdivision opioid abatement agreement" means an agreement entered into by the state and one (1) or more political subdivisions of the state that addresses the allocation of funds dedicated to opioid abatement and remediation; and (8) "Statewide opioid settlement agreement" means a settlement agreement entered into by the state and one (1) or more entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids in which political subdivision claims are addressed. A copy of the agreement, including any amendments thereto, must be kept on the website of the attorney general and reporter. Added by 2021 Tenn. Acts, ch. 491, s 5, eff. 5/24/2021.
As used in this chapter:
(1) "Commissioner" means the commissioner of mental health and substance abuse services;
(2) "Council" means the Tennessee opioid abatement council;
(3) "Department" means the department of mental health and substance abuse services;
(4) "Director" means the executive director of the council;
(5) "Opioid abatement and remediation purposes" means programs, strategies, expenditures, and other actions designed to prevent and address the misuse and abuse of opioid products and treat or mitigate opioid use or related disorders or other effects of the opioid epidemic;
(6) "Opioid abatement fund" means the fund created by § 9-4-1301 ;
(7) "State-subdivision opioid abatement agreement" means an agreement entered into by the state and one (1) or more political subdivisions of the state that addresses the allocation of funds dedicated to opioid abatement and remediation; and
(8) "Statewide opioid settlement agreement" means a settlement agreement entered into by the state and one (1) or more entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids in which political subdivision claims are addressed. A copy of the agreement, including any amendments thereto, must be kept on the website of the attorney general and reporter.
Added by 2021 Tenn. Acts, ch. 491, s 5, eff. 5/24/2021.
Tenn. Code Ann. § 33-3-619 — TN Code / Title 33 / Chapter 3 / Section 33-3-619
Commitment to involuntary care - Disclosure of information
Status: in_force

If a commitment to involuntary care and treatment is entered, the certifying professionals shall disclose to the hospital or treatment resource that admits the person on its request information they have about the person, including diagnosis, past treatment, and anything else relating to the person's condition that may aid the facility in providing appropriate care and treatment. Amended by 2024 Tenn. Acts, ch. 688,s 77, eff. 7/1/2024. Acts 1983, ch. 323, § 9; T.C.A., § 33-378; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
If a commitment to involuntary care and treatment is entered, the certifying professionals shall disclose to the hospital or treatment resource that admits the person on its request information they have about the person, including diagnosis, past treatment, and anything else relating to the person's condition that may aid the facility in providing appropriate care and treatment.
Amended by 2024 Tenn. Acts, ch. 688,s 77, eff. 7/1/2024.
Acts 1983, ch. 323, § 9; T.C.A., § 33-378; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-108 — TN Code / Title 33 / Chapter 3 / Section 33-3-108
Access permitted for reports of harm and granting of access in cases of abuse
Status: in_force

(a) Section 33-3-103 does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is expressly required by: (1) The Child Abuse Reporting Law, compiled in title 37, chapter 1, part 4; (2) The Child Sexual Abuse Reporting Law, compiled in title 37, chapter 1, part 6; or (3) The Adult Protective Services Law, compiled in title 71, chapter 6. (b) (1) The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation or mistreatment to the department is confidential and may not be disclosed without the person's consent, except as follows: (A) As necessary to carry out the laws cited in subsection (a); (B) To employees of the department as necessary to investigate the report; (C) To the abuse registry; (D) To the appropriate district attorney general; (E) By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation or mistreatment; or (F) By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding. (2) The person's identity is irrelevant to any civil proceeding and is not subject to disclosure, except in cases where a caregiver or other person is the subject of a complaint and can make a showing that the complaint was made with malice so that the caregiver or other person may pursue such remedies as may be permitted by law. The person may be subpoenaed if the department or district attorney general deems it necessary to protect the service recipient who is the subject of the report, but the fact that the person made the report may not be disclosed. T.C.A. § 33-3-104(10)(B) ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 12; 2011, ch. 158, § 16.
(a) Section 33-3-103 does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is expressly required by: (1) The Child Abuse Reporting Law, compiled in title 37, chapter 1, part 4; (2) The Child Sexual Abuse Reporting Law, compiled in title 37, chapter 1, part 6; or (3) The Adult Protective Services Law, compiled in title 71, chapter 6.
(1) The Child Abuse Reporting Law, compiled in title 37, chapter 1, part 4;
(2) The Child Sexual Abuse Reporting Law, compiled in title 37, chapter 1, part 6; or
(3) The Adult Protective Services Law, compiled in title 71, chapter 6.
(b) (1) The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation or mistreatment to the department is confidential and may not be disclosed without the person's consent, except as follows: (A) As necessary to carry out the laws cited in subsection (a); (B) To employees of the department as necessary to investigate the report; (C) To the abuse registry; (D) To the appropriate district attorney general; (E) By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation or mistreatment; or (F) By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding. (2) The person's identity is irrelevant to any civil proceeding and is not subject to disclosure, except in cases where a caregiver or other person is the subject of a complaint and can make a showing that the complaint was made with malice so that the caregiver or other person may pursue such remedies as may be permitted by law. The person may be subpoenaed if the department or district attorney general deems it necessary to protect the service recipient who is the subject of the report, but the fact that the person made the report may not be disclosed.
(1) The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation or mistreatment to the department is confidential and may not be disclosed without the person's consent, except as follows: (A) As necessary to carry out the laws cited in subsection (a); (B) To employees of the department as necessary to investigate the report; (C) To the abuse registry; (D) To the appropriate district attorney general; (E) By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation or mistreatment; or (F) By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding.
(A) As necessary to carry out the laws cited in subsection (a);
(B) To employees of the department as necessary to investigate the report;
(C) To the abuse registry;
(D) To the appropriate district attorney general;
(E) By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation or mistreatment; or
(F) By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding.
(2) The person's identity is irrelevant to any civil proceeding and is not subject to disclosure, except in cases where a caregiver or other person is the subject of a complaint and can make a showing that the complaint was made with malice so that the caregiver or other person may pursue such remedies as may be permitted by law. The person may be subpoenaed if the department or district attorney general deems it necessary to protect the service recipient who is the subject of the report, but the fact that the person made the report may not be disclosed.
T.C.A. § 33-3-104(10)(B) ; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 12; 2011, ch. 158, § 16.