Tenn. Code Ann. § 33-1-305 — TN Code / Title 33 / Chapter 1 / Section 33-1-305
Power of commissioner to adopt rules, prescribe forms and investigate complaints
Status: in_force

The commissioner may: (1) Adopt rules necessary to fulfill the department's responsibilities; (2) Prescribe the form of applications, records, reports and certificates provided for in this title and the information that forms shall contain; and (3) Investigate complaints by a service recipient or anyone on behalf of a service recipient. Acts 1965, ch. 38, § 8; 1974, ch. 802, § 21; 1975, ch. 248, § 1; T.C.A., §§ 33-308, 33-1-205(b); Acts 2000, ch. 947, § 1.
The commissioner may:
(1) Adopt rules necessary to fulfill the department's responsibilities;
(2) Prescribe the form of applications, records, reports and certificates provided for in this title and the information that forms shall contain; and
(3) Investigate complaints by a service recipient or anyone on behalf of a service recipient.
Acts 1965, ch. 38, § 8; 1974, ch. 802, § 21; 1975, ch. 248, § 1; T.C.A., §§ 33-308, 33-1-205(b); Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-209 — TN Code / Title 33 / Chapter 5 / Section 33-5-209
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 301, s 1, eff. 4/24/2015. Acts 1992, ch. 981, § 11; T.C.A., § 33-5-410 ; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 301, s 1, eff. 4/24/2015.
Acts 1992, ch. 981, § 11; T.C.A., § 33-5-410 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-507 — TN Code / Title 33 / Chapter 5 / Section 33-5-507
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-2-403 — TN Code / Title 33 / Chapter 2 / Section 33-2-403
Licensure of mental health, substance abuse, and support services and facilities - Exemptions - Rules
Status: in_force

(a) The department has the authority to license services and facilities operated for the provision of mental health services, alcohol and drug abuse prevention or treatment, and personal support services. Subject to subsection (c), the department shall also license personal support services for the aged as well as persons with mental illness. A personal support services agency licensed by the department may also serve individuals with physical or other disabilities. Notwithstanding any references in this part to the licensing of "facilities" or "services," only persons, proprietorships, partnerships, associations, governmental agencies, or corporations may be licensed on license applications or licenses as the licensed entity. (b) The following are exempt from licensing under this part: (1) Private practitioners who are authorized to practice by the boards of healing arts and only in private practice in that capacity. This subdivision (b)(1) shall not apply to a private practitioner, prescriber, or prescribers operating a nonresidential office-based opiate treatment facility, as defined in § 33-2-402 ; (2) A person providing personal care solely to one (1) person with mental illness or serious emotional disturbance, or other service recipient receiving personal support services and not in a business arrangement with any other service recipient. This exception shall not apply to an individual who holds out to the public as being in the business of personal support services for compensation; (3) An individual providing service or support only to members of the person's own family or relatives; (4) An individual providing service or support that is not subject to licensing under any other title of the code and doing so only on a part-time basis as defined in department rules; (5) Foster homes that accept placements only from agencies of state government or licensed child-placing agencies; (6) Services or facilities providing employee assistance programs; (7) Services or facilities providing only employment placement; (8) Facilities that are appropriately licensed by the health facilities commission as a: (A) Hospital whose primary purpose is not the provision of mental health services; or (B) Satellite hospital, as defined by rules of the health facilities commission, whose primary purpose is the provision of mental health, and that the department verifies to the health facilities commission as satisfying standards under this chapter; and (9) Facilities that are operated by state, county, or municipal departments of education, the department of correction, the department of human services, or the department of children's services and that affirmatively state that the primary purpose of the facility is other than the provision of mental health or alcohol and drug abuse prevention or treatment services. (10) [Deleted by 2024 amendment.] (c) (1) A service or facility that can demonstrate compliance with rules and standards by a current personal support services license from another state agency is considered in compliance with rules and standards under this part so that duplicate licensing is not necessary. Personal support services agencies that provide services for the aged or persons with a mental illness and persons with an intellectual or developmental disability are not required to obtain a license from both the department of mental health and substance abuse services and the department of disability and aging. The departments shall work together to ensure that licensure standards for personal support services agencies are appropriate across all of the populations that may be served and are consistently applied. (2) The licensing entity shall be determined based on the larger population served by the agency as of April 10, 2015, or in the case of new applicants for licensure, the larger population anticipated to be served by the agency at the time of licensure application. (d) (1) The department shall appoint a review panel to review periodically all exclusions and waivers granted under the licensure law and perform other duties under this part. The department's legal counsel shall advise the panel. (2) The panel's membership consists of: (A) The commissioner or the commissioner's designee; (B) A representative of licensed community mental health services and a representative of licensed alcohol and drug abuse prevention and/or treatment services; (C) A representative of a licensed residential facility for persons with mental illness or serious emotional disturbance and a representative of a licensed residential facility for alcohol and drug abuse prevention and/or treatment services; (D) A representative of a licensed residential mental health facility for children and youth; (E) Five (5) service recipient representatives; and (F) A representative of a personal support services agency. (3) The panel shall elect a chair and vice chair and shall report any findings directly to the commissioner. (4) The vote of a majority binds the panel. (5) Travel expenses for panel members shall be reimbursed. All reimbursement for travel expenses shall be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (e) The license holder of a nonresidential office-based opiate treatment facility shall ensure that adequate billing records are maintained, in any format, onsite at the nonresidential office-based opiate treatment facility and shall ensure that adequate billing records are maintained for all patients and for all patient visits. Billing records shall be maintained for a period of three (3) years from the date of the patient's last treatment at the nonresidential office-based opiate treatment facility. Billing records shall be made for all methods of payment. Billing records shall be made available to the department upon request. Billing records shall include, but not be limited to, the following: (1) The amount paid for services; (2) Method of payment; (3) Date of the delivery of services; (4) Date of payment; and (5) Description of services. (f) The license holder of a nonresidential office-based opiate treatment facility shall ensure that records of all bank deposits of cash payments for services provided at the nonresidential office-based opiate treatment facility are maintained, in any format, at the nonresidential office-based opiate treatment facility for a period of three (3) years. (g) The license holder of a nonresidential office-based opiate treatment facility shall ensure that patient medical records are maintained, in any format, for a period of ten (10) years from the date of the patient's last treatment at the facility. (h) By January 1, 2019, the commissioner of mental health and substance abuse services shall revise rules for nonresidential office-based opiate treatment facilities to be consistent with state and federal law and to establish: (1) Standards for determining what constitutes a high dose of the opioid employed in treatment at a nonresidential office-based opiate treatment facility; (2) Protocols for initiating or switching a patient at a nonresidential office-based treatment facility to a high dose of the opioids employed in treatment; and (3) Protocols for initiating periodic prescriber-initiated-and-led discussions with patients regarding patient readiness to taper down or taper off the opioids employed in treatment. (i) The commissioner is authorized to use emergency rulemaking under § 4-5-208 to promulgate the rules pursuant to subsection (h). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (j) (1) Beginning in 2020, the commissioner of mental health and substance abuse services shall review the rules for nonresidential office-based opiate treatment facilities by September 30 of each even-numbered year. (2) The commissioner of mental health and substance abuse services shall submit the rules for nonresidential office-based opiate treatment facilities to each health-related board that licenses any practitioner authorized by the state to prescribe the products for the treatment of an opioid use disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders and to the board of pharmacy. (3) (A) Each board shall review the rules and enforce the rules with respect to that board's licensees. (B) When a board's licensees are subject to the rules for nonresidential office-based opiate treatment facilities, the definition of "enforce" for purposes of this subdivision (j)(3) means referring any complaints or information regarding those licensees to the department. (4) Each board shall post the rules on the licensing board's website. (k) (1) The commissioner of mental health and substance abuse services shall provide a copy of any emergency rule developed pursuant to subsection (h) or (i) and any revision to a rule developed pursuant to subsection (j) to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate at the same time the rules are submitted to the licensing boards pursuant to subdivision (j)(2). (2) The commissioner of mental health and substance abuse services shall provide a copy of any rule developed pursuant to subsection (h) or (j) and any revision to a rule developed pursuant to subsection (j) to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate at the same time the text of the rule is made available to the government operations committees of the senate and the house of representatives for purposes of conducting the review required by § 4-5-226 in order for the health committee of the house of representatives and the health and welfare committee of the senate to be afforded the opportunity to comment on the rule. (l) A violation of a rule described in subsections (h) and (j) is grounds for disciplinary action against a practitioner licensed under title 63 by the board that licensed that practitioner. Amended by 2024 Tenn. Acts, ch. 688,s 39, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 38, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 37, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 36, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 35, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 34, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 33, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 1119, s 4, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 89, Secs.s 2, s 3, s 4 eff. 4/4/2019. Amended by 2018 Tenn. Acts, ch. 978, s 3, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 912. Amended by 2015 Tenn. Acts, ch. 110, Secs.s 1, s 2 eff. 4/10/2015. Acts 1978, ch. 853, §§ 2, 3, 13; 1981, ch. 436, § 1; 1983, ch. 323, §§ 25, 26, 31; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; T.C.A., § 33-1812; Acts 1987, ch. 248, §§ 2, 3; T.C.A., § 33-1803; Acts 1988, ch. 828, §§ 3-5; 1988, ch. 875, §§ 1, 2; 1989, ch. 513, §§ 1, 14; 1989, ch. 559, § 1; 1993, ch. 234, §§ 22, 23; 1994, ch. 760, § 1; 1996, ch. 1074, § 1; T.C.A., §§ 33-2-502 , 33-2-503, 33-2-512; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 3; 2002, ch. 730, § 2; 2007 , ch. 304, § 1; 2010 , ch. 1100, § 24; 2012 , ch. 575, § 1; 2012 , ch. 1010, §§ 4 - 6.
(a) The department has the authority to license services and facilities operated for the provision of mental health services, alcohol and drug abuse prevention or treatment, and personal support services. Subject to subsection (c), the department shall also license personal support services for the aged as well as persons with mental illness. A personal support services agency licensed by the department may also serve individuals with physical or other disabilities. Notwithstanding any references in this part to the licensing of "facilities" or "services," only persons, proprietorships, partnerships, associations, governmental agencies, or corporations may be licensed on license applications or licenses as the licensed entity.
(b) The following are exempt from licensing under this part: (1) Private practitioners who are authorized to practice by the boards of healing arts and only in private practice in that capacity. This subdivision (b)(1) shall not apply to a private practitioner, prescriber, or prescribers operating a nonresidential office-based opiate treatment facility, as defined in § 33-2-402 ; (2) A person providing personal care solely to one (1) person with mental illness or serious emotional disturbance, or other service recipient receiving personal support services and not in a business arrangement with any other service recipient. This exception shall not apply to an individual who holds out to the public as being in the business of personal support services for compensation; (3) An individual providing service or support only to members of the person's own family or relatives; (4) An individual providing service or support that is not subject to licensing under any other title of the code and doing so only on a part-time basis as defined in department rules; (5) Foster homes that accept placements only from agencies of state government or licensed child-placing agencies; (6) Services or facilities providing employee assistance programs; (7) Services or facilities providing only employment placement; (8) Facilities that are appropriately licensed by the health facilities commission as a: (A) Hospital whose primary purpose is not the provision of mental health services; or (B) Satellite hospital, as defined by rules of the health facilities commission, whose primary purpose is the provision of mental health, and that the department verifies to the health facilities commission as satisfying standards under this chapter; and (9) Facilities that are operated by state, county, or municipal departments of education, the department of correction, the department of human services, or the department of children's services and that affirmatively state that the primary purpose of the facility is other than the provision of mental health or alcohol and drug abuse prevention or treatment services. (10) [Deleted by 2024 amendment.]
(1) Private practitioners who are authorized to practice by the boards of healing arts and only in private practice in that capacity. This subdivision (b)(1) shall not apply to a private practitioner, prescriber, or prescribers operating a nonresidential office-based opiate treatment facility, as defined in § 33-2-402 ;
(2) A person providing personal care solely to one (1) person with mental illness or serious emotional disturbance, or other service recipient receiving personal support services and not in a business arrangement with any other service recipient. This exception shall not apply to an individual who holds out to the public as being in the business of personal support services for compensation;
(3) An individual providing service or support only to members of the person's own family or relatives;
(4) An individual providing service or support that is not subject to licensing under any other title of the code and doing so only on a part-time basis as defined in department rules;
(5) Foster homes that accept placements only from agencies of state government or licensed child-placing agencies;
(6) Services or facilities providing employee assistance programs;
(7) Services or facilities providing only employment placement;
(8) Facilities that are appropriately licensed by the health facilities commission as a: (A) Hospital whose primary purpose is not the provision of mental health services; or (B) Satellite hospital, as defined by rules of the health facilities commission, whose primary purpose is the provision of mental health, and that the department verifies to the health facilities commission as satisfying standards under this chapter; and
(A) Hospital whose primary purpose is not the provision of mental health services; or
(B) Satellite hospital, as defined by rules of the health facilities commission, whose primary purpose is the provision of mental health, and that the department verifies to the health facilities commission as satisfying standards under this chapter; and
(9) Facilities that are operated by state, county, or municipal departments of education, the department of correction, the department of human services, or the department of children's services and that affirmatively state that the primary purpose of the facility is other than the provision of mental health or alcohol and drug abuse prevention or treatment services.
(10) [Deleted by 2024 amendment.]
(c) (1) A service or facility that can demonstrate compliance with rules and standards by a current personal support services license from another state agency is considered in compliance with rules and standards under this part so that duplicate licensing is not necessary. Personal support services agencies that provide services for the aged or persons with a mental illness and persons with an intellectual or developmental disability are not required to obtain a license from both the department of mental health and substance abuse services and the department of disability and aging. The departments shall work together to ensure that licensure standards for personal support services agencies are appropriate across all of the populations that may be served and are consistently applied. (2) The licensing entity shall be determined based on the larger population served by the agency as of April 10, 2015, or in the case of new applicants for licensure, the larger population anticipated to be served by the agency at the time of licensure application.
(1) A service or facility that can demonstrate compliance with rules and standards by a current personal support services license from another state agency is considered in compliance with rules and standards under this part so that duplicate licensing is not necessary. Personal support services agencies that provide services for the aged or persons with a mental illness and persons with an intellectual or developmental disability are not required to obtain a license from both the department of mental health and substance abuse services and the department of disability and aging. The departments shall work together to ensure that licensure standards for personal support services agencies are appropriate across all of the populations that may be served and are consistently applied.
(2) The licensing entity shall be determined based on the larger population served by the agency as of April 10, 2015, or in the case of new applicants for licensure, the larger population anticipated to be served by the agency at the time of licensure application.
(d) (1) The department shall appoint a review panel to review periodically all exclusions and waivers granted under the licensure law and perform other duties under this part. The department's legal counsel shall advise the panel. (2) The panel's membership consists of: (A) The commissioner or the commissioner's designee; (B) A representative of licensed community mental health services and a representative of licensed alcohol and drug abuse prevention and/or treatment services; (C) A representative of a licensed residential facility for persons with mental illness or serious emotional disturbance and a representative of a licensed residential facility for alcohol and drug abuse prevention and/or treatment services; (D) A representative of a licensed residential mental health facility for children and youth; (E) Five (5) service recipient representatives; and (F) A representative of a personal support services agency. (3) The panel shall elect a chair and vice chair and shall report any findings directly to the commissioner. (4) The vote of a majority binds the panel. (5) Travel expenses for panel members shall be reimbursed. All reimbursement for travel expenses shall be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(1) The department shall appoint a review panel to review periodically all exclusions and waivers granted under the licensure law and perform other duties under this part. The department's legal counsel shall advise the panel.
(2) The panel's membership consists of: (A) The commissioner or the commissioner's designee; (B) A representative of licensed community mental health services and a representative of licensed alcohol and drug abuse prevention and/or treatment services; (C) A representative of a licensed residential facility for persons with mental illness or serious emotional disturbance and a representative of a licensed residential facility for alcohol and drug abuse prevention and/or treatment services; (D) A representative of a licensed residential mental health facility for children and youth; (E) Five (5) service recipient representatives; and (F) A representative of a personal support services agency.
(A) The commissioner or the commissioner's designee;
(B) A representative of licensed community mental health services and a representative of licensed alcohol and drug abuse prevention and/or treatment services;
(C) A representative of a licensed residential facility for persons with mental illness or serious emotional disturbance and a representative of a licensed residential facility for alcohol and drug abuse prevention and/or treatment services;
(D) A representative of a licensed residential mental health facility for children and youth;
(E) Five (5) service recipient representatives; and
(F) A representative of a personal support services agency.
(3) The panel shall elect a chair and vice chair and shall report any findings directly to the commissioner.
(4) The vote of a majority binds the panel.
(5) Travel expenses for panel members shall be reimbursed. All reimbursement for travel expenses shall be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(e) The license holder of a nonresidential office-based opiate treatment facility shall ensure that adequate billing records are maintained, in any format, onsite at the nonresidential office-based opiate treatment facility and shall ensure that adequate billing records are maintained for all patients and for all patient visits. Billing records shall be maintained for a period of three (3) years from the date of the patient's last treatment at the nonresidential office-based opiate treatment facility. Billing records shall be made for all methods of payment. Billing records shall be made available to the department upon request. Billing records shall include, but not be limited to, the following: (1) The amount paid for services; (2) Method of payment; (3) Date of the delivery of services; (4) Date of payment; and (5) Description of services.
(1) The amount paid for services;
(2) Method of payment;
(3) Date of the delivery of services;
(4) Date of payment; and
(5) Description of services.
(f) The license holder of a nonresidential office-based opiate treatment facility shall ensure that records of all bank deposits of cash payments for services provided at the nonresidential office-based opiate treatment facility are maintained, in any format, at the nonresidential office-based opiate treatment facility for a period of three (3) years.
(g) The license holder of a nonresidential office-based opiate treatment facility shall ensure that patient medical records are maintained, in any format, for a period of ten (10) years from the date of the patient's last treatment at the facility.
(h) By January 1, 2019, the commissioner of mental health and substance abuse services shall revise rules for nonresidential office-based opiate treatment facilities to be consistent with state and federal law and to establish: (1) Standards for determining what constitutes a high dose of the opioid employed in treatment at a nonresidential office-based opiate treatment facility; (2) Protocols for initiating or switching a patient at a nonresidential office-based treatment facility to a high dose of the opioids employed in treatment; and (3) Protocols for initiating periodic prescriber-initiated-and-led discussions with patients regarding patient readiness to taper down or taper off the opioids employed in treatment.
(1) Standards for determining what constitutes a high dose of the opioid employed in treatment at a nonresidential office-based opiate treatment facility;
(2) Protocols for initiating or switching a patient at a nonresidential office-based treatment facility to a high dose of the opioids employed in treatment; and
(3) Protocols for initiating periodic prescriber-initiated-and-led discussions with patients regarding patient readiness to taper down or taper off the opioids employed in treatment.
(i) The commissioner is authorized to use emergency rulemaking under § 4-5-208 to promulgate the rules pursuant to subsection (h). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(j) (1) Beginning in 2020, the commissioner of mental health and substance abuse services shall review the rules for nonresidential office-based opiate treatment facilities by September 30 of each even-numbered year. (2) The commissioner of mental health and substance abuse services shall submit the rules for nonresidential office-based opiate treatment facilities to each health-related board that licenses any practitioner authorized by the state to prescribe the products for the treatment of an opioid use disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders and to the board of pharmacy. (3) (A) Each board shall review the rules and enforce the rules with respect to that board's licensees. (B) When a board's licensees are subject to the rules for nonresidential office-based opiate treatment facilities, the definition of "enforce" for purposes of this subdivision (j)(3) means referring any complaints or information regarding those licensees to the department. (4) Each board shall post the rules on the licensing board's website.
(1) Beginning in 2020, the commissioner of mental health and substance abuse services shall review the rules for nonresidential office-based opiate treatment facilities by September 30 of each even-numbered year.
(2) The commissioner of mental health and substance abuse services shall submit the rules for nonresidential office-based opiate treatment facilities to each health-related board that licenses any practitioner authorized by the state to prescribe the products for the treatment of an opioid use disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders and to the board of pharmacy.
(3) (A) Each board shall review the rules and enforce the rules with respect to that board's licensees. (B) When a board's licensees are subject to the rules for nonresidential office-based opiate treatment facilities, the definition of "enforce" for purposes of this subdivision (j)(3) means referring any complaints or information regarding those licensees to the department.
(A) Each board shall review the rules and enforce the rules with respect to that board's licensees.
(B) When a board's licensees are subject to the rules for nonresidential office-based opiate treatment facilities, the definition of "enforce" for purposes of this subdivision (j)(3) means referring any complaints or information regarding those licensees to the department.
(4) Each board shall post the rules on the licensing board's website.
(k) (1) The commissioner of mental health and substance abuse services shall provide a copy of any emergency rule developed pursuant to subsection (h) or (i) and any revision to a rule developed pursuant to subsection (j) to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate at the same time the rules are submitted to the licensing boards pursuant to subdivision (j)(2). (2) The commissioner of mental health and substance abuse services shall provide a copy of any rule developed pursuant to subsection (h) or (j) and any revision to a rule developed pursuant to subsection (j) to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate at the same time the text of the rule is made available to the government operations committees of the senate and the house of representatives for purposes of conducting the review required by § 4-5-226 in order for the health committee of the house of representatives and the health and welfare committee of the senate to be afforded the opportunity to comment on the rule.
(1) The commissioner of mental health and substance abuse services shall provide a copy of any emergency rule developed pursuant to subsection (h) or (i) and any revision to a rule developed pursuant to subsection (j) to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate at the same time the rules are submitted to the licensing boards pursuant to subdivision (j)(2).
(2) The commissioner of mental health and substance abuse services shall provide a copy of any rule developed pursuant to subsection (h) or (j) and any revision to a rule developed pursuant to subsection (j) to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate at the same time the text of the rule is made available to the government operations committees of the senate and the house of representatives for purposes of conducting the review required by § 4-5-226 in order for the health committee of the house of representatives and the health and welfare committee of the senate to be afforded the opportunity to comment on the rule.
(l) A violation of a rule described in subsections (h) and (j) is grounds for disciplinary action against a practitioner licensed under title 63 by the board that licensed that practitioner.
Amended by 2024 Tenn. Acts, ch. 688,s 39, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 38, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 37, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 36, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 35, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 34, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 33, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 4, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 89, Secs.s 2, s 3, s 4 eff. 4/4/2019.
Amended by 2018 Tenn. Acts, ch. 978, s 3, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 912.
Amended by 2015 Tenn. Acts, ch. 110, Secs.s 1, s 2 eff. 4/10/2015.
Acts 1978, ch. 853, §§ 2, 3, 13; 1981, ch. 436, § 1; 1983, ch. 323, §§ 25, 26, 31; T.C.A., § 33-1802; Acts 1987, ch. 143, § 1; T.C.A., § 33-1812; Acts 1987, ch. 248, §§ 2, 3; T.C.A., § 33-1803; Acts 1988, ch. 828, §§ 3-5; 1988, ch. 875, §§ 1, 2; 1989, ch. 513, §§ 1, 14; 1989, ch. 559, § 1; 1993, ch. 234, §§ 22, 23; 1994, ch. 760, § 1; 1996, ch. 1074, § 1; T.C.A., §§ 33-2-502 , 33-2-503, 33-2-512; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 282, § 3; 2002, ch. 730, § 2; 2007 , ch. 304, § 1; 2010 , ch. 1100, § 24; 2012 , ch. 575, § 1; 2012 , ch. 1010, §§ 4 - 6.
Tenn. Code Ann. § 33-7-201 — TN Code / Title 33 / Chapter 7 / Section 33-7-201
Creation of forensic services units
Status: in_force

The commissioner shall operate in the state hospitals secure facilities, known as forensic services units, necessary for persons with mental illness who are eligible for admission to the units under this title. Acts 1974, ch. 464, § 1; T.C.A., § 33-701; Acts 1984, ch. 922, § 35; 2000, ch. 947, § 1.
The commissioner shall operate in the state hospitals secure facilities, known as forensic services units, necessary for persons with mental illness who are eligible for admission to the units under this title.
Acts 1974, ch. 464, § 1; T.C.A., § 33-701; Acts 1984, ch. 922, § 35; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-101 — TN Code / Title 33 / Chapter 3 / Section 33-3-101
Rights of persons under this title equal to those of other persons except as limited by this title - Records
Status: in_force

(a) A person must not be deprived of liberty on the grounds that the person has or is believed to have a mental illness or a serious emotional disturbance, or is in need of service for such a condition except in accordance with this title. (b) A person with mental illness or serious emotional disturbance has the same rights as all other persons except to the extent that the person's rights are curtailed in accordance with this title or other law. (c) A person with mental illness or serious emotional disturbance shall be provided services or supports, to the extent that facilities, equipment and personnel are available, in accordance with community standards. (d) The chief officer shall keep records detailing services or supports received by each person. Records shall be preserved by the chief officer for not less than ten (10) years after termination of service. The records may be generated, maintained, or transferred in whole or in part to any recording medium that assures accurate preservation of the record. If a record is transferred from one medium to another, the source record may be destroyed upon determination by the chief officer that the reproduced record is true and correct and will be accurately preserved. The reproduced record is deemed to be the original record. Amended by 2024 Tenn. Acts, ch. 688,s 58, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 58, eff. 7/1/2024. Acts 2000, ch. 947, § 1; T.C.A. § 33-4-102 ; Acts 2002, ch. 730, § 23.
(a) A person must not be deprived of liberty on the grounds that the person has or is believed to have a mental illness or a serious emotional disturbance, or is in need of service for such a condition except in accordance with this title.
(b) A person with mental illness or serious emotional disturbance has the same rights as all other persons except to the extent that the person's rights are curtailed in accordance with this title or other law.
(c) A person with mental illness or serious emotional disturbance shall be provided services or supports, to the extent that facilities, equipment and personnel are available, in accordance with community standards.
(d) The chief officer shall keep records detailing services or supports received by each person. Records shall be preserved by the chief officer for not less than ten (10) years after termination of service. The records may be generated, maintained, or transferred in whole or in part to any recording medium that assures accurate preservation of the record. If a record is transferred from one medium to another, the source record may be destroyed upon determination by the chief officer that the reproduced record is true and correct and will be accurately preserved. The reproduced record is deemed to be the original record.
Amended by 2024 Tenn. Acts, ch. 688,s 58, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; T.C.A. § 33-4-102 ; Acts 2002, ch. 730, § 23.
Tenn. Code Ann. § 33-6-901 — TN Code / Title 33 / Chapter 6 / Section 33-6-901
Transportation of persons under part 4 or 5 of this chapter by sheriff, secondary transport agent, municipal officer or other authorized person
Status: in_force

(a) (1) The sheriff in a county in which a person with mental illness or serious emotional disturbance is to be transported under part 4 or 5 of this chapter, shall transport the person except for persons who are transported by: (A) A secondary transportation agent under this section; (B) A municipal law enforcement agency that meets the requirements for a secondary transportation agent under this section and is designated by the sheriff; (C) A person authorized under other provisions of this title; or (D) One or more friends, neighbors, other mental health professionals familiar with the person, relatives of the person, or a member of the clergy. (2) The sheriff may designate a secondary transportation agent or agents for the county for persons with mental illness or serious emotional disturbance whom a physician or mandatory prescreening authority has evaluated and determined do not require physical restraint or vehicle security. A secondary transportation agent shall be available twenty-four (24) hours per day, provide adequately for the safety and security of the person to be transported, and provide appropriate medical conditions for transporting persons for involuntary hospitalization. The sheriff shall take into account in designating a secondary transportation agent or a municipal law enforcement agency both its funding and the characteristics of the persons who will be transported. The sheriff shall consult with the county mayor before designating a secondary transportation agent. A secondary transportation agent has the same duties and authority under this chapter in the detention or transportation of those persons as the sheriff. The designation of a transportation agent other than the sheriff is a discretionary function under § 29-20-205 . If a mandatory prescreening agent, physician, or licensed psychologist with health service provider designation, who is acting under § 33-6-404(3)(B) , determines that the person does not require physical restraint or vehicle security, then any person identified in subdivision (a)(1)(D) may, instead of the sheriff, transport the person at the transporter's expense. (3) (A) If a physician, psychologist, or designated professional, operating under § 33-6-404(3)(B)(iii) , determines to a reasonable degree of professional certainty that the person subject to transportation under this part does not require physical restraint or vehicle security and does not pose a reasonable risk of danger to the person's self or others, then the sheriff may permit one (1) or more persons designated under this section, other than the sheriff or secondary transportation agent, to transport the person; provided, that the person or persons provide proof of current automobile insurance. Before a person is transported, the sheriff or other transportation agent designated under subdivision (a)(1) or (a)(2) shall give the notice required by § 33-6-406(b) , along with the name or names of the person or persons who will actually transport the person subject to admission to a hospital or treatment resource. The person or persons designated to transport under this section must comply with the requirements of § 33-6-406(b)(2) and § 33-6-407(c) , and must provide the original of the certificate completed under § 33-6-404(3)(B)(ii) to the hospital or treatment resource. (B) When making this determination, the physician, psychologist or designated professional operating under § 33-6-404(3)(B)(iii) shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising from that protected activity. (C) When making this determination, if the physician, psychologist or designated professional operating under § 33-6-404(3)(B)(iii) is an agent of a hospital, health care facility, or community mental health center, that hospital, health care facility, or community mental health center shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising from this agent's protected activity and from the transportation of the person to and from the facility. (b) When a sheriff or secondary transportation agent is required to transport a person to a hospital or treatment resource for screening, evaluation, diagnosis or hospitalization, the county in which the person is initially transported by the sheriff or secondary transportation agent is responsible for the remainder of such person's transportation requirements. The initial transporting county is responsible for the continuing transportation of the person even if the person is assessed, diagnosed, screened or evaluated in a second county before being admitted to a facility, hospital or treatment resource in a third county. If the person is transported to a hospital or treatment resource by the sheriff or secondary transportation agent of a county other than the initial transporting county, the sheriff or secondary transportation agent actually providing transportation may bill the initial transporting county for transportation costs. (c) The department shall provide training on mental health crisis management for transportation agents and the sheriffs' personnel. (d) It is the policy of this state that people with mental illness who are determined to be a danger to themselves and in need of physical restraint or vehicular security shall be transported by the sheriff or secondary transportation agents designated by the sheriff. People with a mental illness who do not present themselves as a danger to themselves or are not in need of physical restraint or vehicular security may be transported by one (1) or more friends, neighbors, other mental health professionals familiar with the person, relatives of the person or a member of the clergy; provided, that these persons are willing and able to provide such transport. Amended by 2013 Tenn. Acts, ch. 32,s 2, eff. 3/20/2013. Acts 2000, ch. 947, § 1; 2003, ch. 90, § 2; 2003, ch. 210, § 1; 2009, ch. 468, §§ 1, 2; 2011, ch. 45, § 1.
(a) (1) The sheriff in a county in which a person with mental illness or serious emotional disturbance is to be transported under part 4 or 5 of this chapter, shall transport the person except for persons who are transported by: (A) A secondary transportation agent under this section; (B) A municipal law enforcement agency that meets the requirements for a secondary transportation agent under this section and is designated by the sheriff; (C) A person authorized under other provisions of this title; or (D) One or more friends, neighbors, other mental health professionals familiar with the person, relatives of the person, or a member of the clergy. (2) The sheriff may designate a secondary transportation agent or agents for the county for persons with mental illness or serious emotional disturbance whom a physician or mandatory prescreening authority has evaluated and determined do not require physical restraint or vehicle security. A secondary transportation agent shall be available twenty-four (24) hours per day, provide adequately for the safety and security of the person to be transported, and provide appropriate medical conditions for transporting persons for involuntary hospitalization. The sheriff shall take into account in designating a secondary transportation agent or a municipal law enforcement agency both its funding and the characteristics of the persons who will be transported. The sheriff shall consult with the county mayor before designating a secondary transportation agent. A secondary transportation agent has the same duties and authority under this chapter in the detention or transportation of those persons as the sheriff. The designation of a transportation agent other than the sheriff is a discretionary function under § 29-20-205 . If a mandatory prescreening agent, physician, or licensed psychologist with health service provider designation, who is acting under § 33-6-404(3)(B) , determines that the person does not require physical restraint or vehicle security, then any person identified in subdivision (a)(1)(D) may, instead of the sheriff, transport the person at the transporter's expense. (3) (A) If a physician, psychologist, or designated professional, operating under § 33-6-404(3)(B)(iii) , determines to a reasonable degree of professional certainty that the person subject to transportation under this part does not require physical restraint or vehicle security and does not pose a reasonable risk of danger to the person's self or others, then the sheriff may permit one (1) or more persons designated under this section, other than the sheriff or secondary transportation agent, to transport the person; provided, that the person or persons provide proof of current automobile insurance. Before a person is transported, the sheriff or other transportation agent designated under subdivision (a)(1) or (a)(2) shall give the notice required by § 33-6-406(b) , along with the name or names of the person or persons who will actually transport the person subject to admission to a hospital or treatment resource. The person or persons designated to transport under this section must comply with the requirements of § 33-6-406(b)(2) and § 33-6-407(c) , and must provide the original of the certificate completed under § 33-6-404(3)(B)(ii) to the hospital or treatment resource. (B) When making this determination, the physician, psychologist or designated professional operating under § 33-6-404(3)(B)(iii) shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising from that protected activity. (C) When making this determination, if the physician, psychologist or designated professional operating under § 33-6-404(3)(B)(iii) is an agent of a hospital, health care facility, or community mental health center, that hospital, health care facility, or community mental health center shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising from this agent's protected activity and from the transportation of the person to and from the facility.
(1) The sheriff in a county in which a person with mental illness or serious emotional disturbance is to be transported under part 4 or 5 of this chapter, shall transport the person except for persons who are transported by: (A) A secondary transportation agent under this section; (B) A municipal law enforcement agency that meets the requirements for a secondary transportation agent under this section and is designated by the sheriff; (C) A person authorized under other provisions of this title; or (D) One or more friends, neighbors, other mental health professionals familiar with the person, relatives of the person, or a member of the clergy.
(A) A secondary transportation agent under this section;
(B) A municipal law enforcement agency that meets the requirements for a secondary transportation agent under this section and is designated by the sheriff;
(C) A person authorized under other provisions of this title; or
(D) One or more friends, neighbors, other mental health professionals familiar with the person, relatives of the person, or a member of the clergy.
(2) The sheriff may designate a secondary transportation agent or agents for the county for persons with mental illness or serious emotional disturbance whom a physician or mandatory prescreening authority has evaluated and determined do not require physical restraint or vehicle security. A secondary transportation agent shall be available twenty-four (24) hours per day, provide adequately for the safety and security of the person to be transported, and provide appropriate medical conditions for transporting persons for involuntary hospitalization. The sheriff shall take into account in designating a secondary transportation agent or a municipal law enforcement agency both its funding and the characteristics of the persons who will be transported. The sheriff shall consult with the county mayor before designating a secondary transportation agent. A secondary transportation agent has the same duties and authority under this chapter in the detention or transportation of those persons as the sheriff. The designation of a transportation agent other than the sheriff is a discretionary function under § 29-20-205 . If a mandatory prescreening agent, physician, or licensed psychologist with health service provider designation, who is acting under § 33-6-404(3)(B) , determines that the person does not require physical restraint or vehicle security, then any person identified in subdivision (a)(1)(D) may, instead of the sheriff, transport the person at the transporter's expense.
(3) (A) If a physician, psychologist, or designated professional, operating under § 33-6-404(3)(B)(iii) , determines to a reasonable degree of professional certainty that the person subject to transportation under this part does not require physical restraint or vehicle security and does not pose a reasonable risk of danger to the person's self or others, then the sheriff may permit one (1) or more persons designated under this section, other than the sheriff or secondary transportation agent, to transport the person; provided, that the person or persons provide proof of current automobile insurance. Before a person is transported, the sheriff or other transportation agent designated under subdivision (a)(1) or (a)(2) shall give the notice required by § 33-6-406(b) , along with the name or names of the person or persons who will actually transport the person subject to admission to a hospital or treatment resource. The person or persons designated to transport under this section must comply with the requirements of § 33-6-406(b)(2) and § 33-6-407(c) , and must provide the original of the certificate completed under § 33-6-404(3)(B)(ii) to the hospital or treatment resource. (B) When making this determination, the physician, psychologist or designated professional operating under § 33-6-404(3)(B)(iii) shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising from that protected activity. (C) When making this determination, if the physician, psychologist or designated professional operating under § 33-6-404(3)(B)(iii) is an agent of a hospital, health care facility, or community mental health center, that hospital, health care facility, or community mental health center shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising from this agent's protected activity and from the transportation of the person to and from the facility.
(A) If a physician, psychologist, or designated professional, operating under § 33-6-404(3)(B)(iii) , determines to a reasonable degree of professional certainty that the person subject to transportation under this part does not require physical restraint or vehicle security and does not pose a reasonable risk of danger to the person's self or others, then the sheriff may permit one (1) or more persons designated under this section, other than the sheriff or secondary transportation agent, to transport the person; provided, that the person or persons provide proof of current automobile insurance. Before a person is transported, the sheriff or other transportation agent designated under subdivision (a)(1) or (a)(2) shall give the notice required by § 33-6-406(b) , along with the name or names of the person or persons who will actually transport the person subject to admission to a hospital or treatment resource. The person or persons designated to transport under this section must comply with the requirements of § 33-6-406(b)(2) and § 33-6-407(c) , and must provide the original of the certificate completed under § 33-6-404(3)(B)(ii) to the hospital or treatment resource.
(B) When making this determination, the physician, psychologist or designated professional operating under § 33-6-404(3)(B)(iii) shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising from that protected activity.
(C) When making this determination, if the physician, psychologist or designated professional operating under § 33-6-404(3)(B)(iii) is an agent of a hospital, health care facility, or community mental health center, that hospital, health care facility, or community mental health center shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising from this agent's protected activity and from the transportation of the person to and from the facility.
(b) When a sheriff or secondary transportation agent is required to transport a person to a hospital or treatment resource for screening, evaluation, diagnosis or hospitalization, the county in which the person is initially transported by the sheriff or secondary transportation agent is responsible for the remainder of such person's transportation requirements. The initial transporting county is responsible for the continuing transportation of the person even if the person is assessed, diagnosed, screened or evaluated in a second county before being admitted to a facility, hospital or treatment resource in a third county. If the person is transported to a hospital or treatment resource by the sheriff or secondary transportation agent of a county other than the initial transporting county, the sheriff or secondary transportation agent actually providing transportation may bill the initial transporting county for transportation costs.
(c) The department shall provide training on mental health crisis management for transportation agents and the sheriffs' personnel.
(d) It is the policy of this state that people with mental illness who are determined to be a danger to themselves and in need of physical restraint or vehicular security shall be transported by the sheriff or secondary transportation agents designated by the sheriff. People with a mental illness who do not present themselves as a danger to themselves or are not in need of physical restraint or vehicular security may be transported by one (1) or more friends, neighbors, other mental health professionals familiar with the person, relatives of the person or a member of the clergy; provided, that these persons are willing and able to provide such transport.
Amended by 2013 Tenn. Acts, ch. 32,s 2, eff. 3/20/2013.
Acts 2000, ch. 947, § 1; 2003, ch. 90, § 2; 2003, ch. 210, § 1; 2009, ch. 468, §§ 1, 2; 2011, ch. 45, § 1.
Tenn. Code Ann. § 33-6-201 — TN Code / Title 33 / Chapter 6 / Section 33-6-201
Persons who may apply for voluntary admission
Status: in_force

(a) The following persons may apply for admission to a public or private hospital or treatment resource for diagnosis, observation and treatment of a mental illness or serious emotional disturbance: (1) A person who is sixteen (16) years of age or over and who does not lack capacity to apply under § 33-3-218 ; (2) A parent, legal custodian, or legal guardian who is acting on behalf of a child; (3) A conservator whom the appointing court has expressly granted authority to apply for the person's admission to a hospital or treatment resource for mental illness or serious emotional disturbance; (4) A qualified mental health professional acting on the basis of the terms of the person's declaration for mental health treatment; (5) A person's attorney in fact under a durable power of attorney for health care, under title 34, chapter 6, part 2; (6) A caregiver under title 34, chapter 6, part 3, who is acting on behalf of a child; or (7) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or an individual designated as a surrogate under § 68-11-1806(a) . (b) An individual's surrogate as designated under § 68-11-1806(c) may also apply for such admission provided no person may be admitted by a surrogate under this subsection (b) for more than twenty-one (21) consecutive days unless a petition has been filed pursuant to part 5 of this chapter, or unless an individual who meets any of the criteria set out in subdivisions (a)(1)-(7) of this section applies for voluntary admission subsequent to an application by a surrogate for voluntary admission under this section. Amended by 2013 Tenn. Acts, ch. 238,s 1, eff. 7/1/2013. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 35; 2004, ch. 565, § 4.
(a) The following persons may apply for admission to a public or private hospital or treatment resource for diagnosis, observation and treatment of a mental illness or serious emotional disturbance: (1) A person who is sixteen (16) years of age or over and who does not lack capacity to apply under § 33-3-218 ; (2) A parent, legal custodian, or legal guardian who is acting on behalf of a child; (3) A conservator whom the appointing court has expressly granted authority to apply for the person's admission to a hospital or treatment resource for mental illness or serious emotional disturbance; (4) A qualified mental health professional acting on the basis of the terms of the person's declaration for mental health treatment; (5) A person's attorney in fact under a durable power of attorney for health care, under title 34, chapter 6, part 2; (6) A caregiver under title 34, chapter 6, part 3, who is acting on behalf of a child; or (7) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or an individual designated as a surrogate under § 68-11-1806(a) .
(1) A person who is sixteen (16) years of age or over and who does not lack capacity to apply under § 33-3-218 ;
(2) A parent, legal custodian, or legal guardian who is acting on behalf of a child;
(3) A conservator whom the appointing court has expressly granted authority to apply for the person's admission to a hospital or treatment resource for mental illness or serious emotional disturbance;
(4) A qualified mental health professional acting on the basis of the terms of the person's declaration for mental health treatment;
(5) A person's attorney in fact under a durable power of attorney for health care, under title 34, chapter 6, part 2;
(6) A caregiver under title 34, chapter 6, part 3, who is acting on behalf of a child; or
(7) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or an individual designated as a surrogate under § 68-11-1806(a) .
(b) An individual's surrogate as designated under § 68-11-1806(c) may also apply for such admission provided no person may be admitted by a surrogate under this subsection (b) for more than twenty-one (21) consecutive days unless a petition has been filed pursuant to part 5 of this chapter, or unless an individual who meets any of the criteria set out in subdivisions (a)(1)-(7) of this section applies for voluntary admission subsequent to an application by a surrogate for voluntary admission under this section.
Amended by 2013 Tenn. Acts, ch. 238,s 1, eff. 7/1/2013.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 35; 2004, ch. 565, § 4.
Tenn. Code Ann. § 33-6-804 — TN Code / Title 33 / Chapter 6 / Section 33-6-804
Examination prior to release - Petition for commitment
Status: in_force

(a) Not more than one (1) year nor less than six (6) months prior to the non-parole release of any person convicted of a sex crime, an examination of the person shall be made by a psychiatrist, licensed psychologist, licensed senior psychological examiner, licensed psychological examiner, clinical nurse specialist in psychiatry, licensed professional counselor, or licensed clinical social worker from the department of correction. (b) The examiner shall determine whether the person has a mental illness and, because of that illness, poses a likelihood of serious harm under § 33-6-501 , and is in need of care and treatment in a mental hospital or treatment resource, as defined in § 33-1-101 . (c) If the examiner determines that the person has a mental illness or serious emotional disturbance and poses a likelihood of serious harm because of the illness, the director of the correctional facility shall, before the time for the release of the person, petition where the facility is located for judicial commitment under chapter 6, part 5, of this title to a hospital or treatment resource designated by the commissioner. Acts 1957, ch. 288, § 5; 1974, ch. 802, § 53; 1975, ch. 248, § 1; 1977, ch. 386, § 2; 1981, ch. 224, § 27; 1983, ch. 323, § 24; T.C.A., § 33-1305; Acts 1986, ch. 595, § 2; 1989, ch. 311, §§ 3, 4; T.C.A., § 33-6-305 ; Acts 2000, ch. 947, § 1; 2001, ch. 334, § 7; 2002, ch. 730, § 47.
(a) Not more than one (1) year nor less than six (6) months prior to the non-parole release of any person convicted of a sex crime, an examination of the person shall be made by a psychiatrist, licensed psychologist, licensed senior psychological examiner, licensed psychological examiner, clinical nurse specialist in psychiatry, licensed professional counselor, or licensed clinical social worker from the department of correction.
(b) The examiner shall determine whether the person has a mental illness and, because of that illness, poses a likelihood of serious harm under § 33-6-501 , and is in need of care and treatment in a mental hospital or treatment resource, as defined in § 33-1-101 .
(c) If the examiner determines that the person has a mental illness or serious emotional disturbance and poses a likelihood of serious harm because of the illness, the director of the correctional facility shall, before the time for the release of the person, petition where the facility is located for judicial commitment under chapter 6, part 5, of this title to a hospital or treatment resource designated by the commissioner.
Acts 1957, ch. 288, § 5; 1974, ch. 802, § 53; 1975, ch. 248, § 1; 1977, ch. 386, § 2; 1981, ch. 224, § 27; 1983, ch. 323, § 24; T.C.A., § 33-1305; Acts 1986, ch. 595, § 2; 1989, ch. 311, §§ 3, 4; T.C.A., § 33-6-305 ; Acts 2000, ch. 947, § 1; 2001, ch. 334, § 7; 2002, ch. 730, § 47.
Tenn. Code Ann. § 33-5-303 — TN Code / Title 33 / Chapter 5 / Section 33-5-303
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2012 , ch. 636, §§ 7, 8.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2012 , ch. 636, §§ 7, 8.
Tenn. Code Ann. § 33-3-709 — TN Code / Title 33 / Chapter 3 / Section 33-3-709
Testimony of examining professionals - Depositions and affidavits
Status: in_force

The testimony of an examining professional may be made by deposition or affidavit only with the consent of the transferee's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the transferee's counsel has consented, and the transferee's right of cross-examination of the examining professional shall be preserved. If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as an examining professional under the commitment statute may testify instead of an examining professional, if the person has examined the transferee within ten (10) days of the hearing. Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
The testimony of an examining professional may be made by deposition or affidavit only with the consent of the transferee's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the transferee's counsel has consented, and the transferee's right of cross-examination of the examining professional shall be preserved. If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as an examining professional under the commitment statute may testify instead of an examining professional, if the person has examined the transferee within ten (10) days of the hearing.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-111 — TN Code / Title 33 / Chapter 3 / Section 33-3-111
Records of child service recipient not available to person accused of abusing recipient - Exceptions and limitations
Status: in_force

(a) In any case where a person is known to have been accused of physically or sexually abusing or neglecting a service recipient who is a child, the service recipient's record shall not be accessible to the person accused of the abuse or neglect, except if: (1) A court orders access under § 33-3-105(3) ; or (2) (A) The child's qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child's guardian ad litem, and others on the child's behalf whom the professional deems appropriate, that the release of the child's record to the accused person would not be harmful to the child; and (B) The accused person is the parent, legal guardian, or legal custodian of the child. (b) If the court permits access to the child's record under subsection (a), the court shall have jurisdiction to issue any necessary orders to control access to and use of the information by the person seeking access, including the issuance of injunctive relief. Acts 2000, ch. 947, § 1.
(a) In any case where a person is known to have been accused of physically or sexually abusing or neglecting a service recipient who is a child, the service recipient's record shall not be accessible to the person accused of the abuse or neglect, except if: (1) A court orders access under § 33-3-105(3) ; or (2) (A) The child's qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child's guardian ad litem, and others on the child's behalf whom the professional deems appropriate, that the release of the child's record to the accused person would not be harmful to the child; and (B) The accused person is the parent, legal guardian, or legal custodian of the child.
(1) A court orders access under § 33-3-105(3) ; or
(2) (A) The child's qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child's guardian ad litem, and others on the child's behalf whom the professional deems appropriate, that the release of the child's record to the accused person would not be harmful to the child; and (B) The accused person is the parent, legal guardian, or legal custodian of the child.
(A) The child's qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child's guardian ad litem, and others on the child's behalf whom the professional deems appropriate, that the release of the child's record to the accused person would not be harmful to the child; and
(B) The accused person is the parent, legal guardian, or legal custodian of the child.
(b) If the court permits access to the child's record under subsection (a), the court shall have jurisdiction to issue any necessary orders to control access to and use of the information by the person seeking access, including the issuance of injunctive relief.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-421 — TN Code / Title 33 / Chapter 2 / Section 33-2-421
Providers of personal support services
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Personal support services agency" means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part. "Personal support services agency" includes an entity that employs or subcontracts with individuals who provide personal support services to service recipients; and (2) "Personal support services worker" means a person licensed as a personal support services agency, or an employee or an individual subcontracted by a personal support services agency who is providing personal support services pursuant to an arrangement between a service recipient and a personal support services agency. (b) In addition to the standards and requirements for personal support services as established by rules adopted by the department, personal support services agencies shall comply with the requirements in this section. (c) A personal support services agency shall provide to each service recipient a consumer notice before beginning service, which shall include, at a minimum, the following: (1) The duties, responsibilities, obligations and legal liabilities of the personal support services agency, the personal support services worker, and the personal support services recipient. The description shall clearly set forth the service recipient's responsibility, if any, for: (A) Day-to-day supervision of the personal support services workers; (B) Assigning duties to the personal support services worker; (C) Hiring, firing and discipline of the personal support services worker; (D) Provision of equipment or materials for use by the personal support services worker; (E) Performing a criminal background check on the personal support services worker; (F) Checking the personal support services worker's references; and (G) Ensuring credentials and appropriate licensure/certification of a personal support services worker; and (2) A statement identifying the personal support services agency as an employer, or contractor, as applicable, of the personal support services worker along with the responsibility the personal support services agency will assume for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, workers' compensation and unemployment compensation payments. (d) A personal support services agency shall provide a notice to each personal support services worker who is placed with a service recipient before the worker provides any service to the service recipient. The worker notice shall contain the following information: (1) The relationship between the personal support services agency and the personal support services workers; and (2) A description of the duties, responsibilities, obligations and legal liabilities of the personal support services agency, the service recipient, and the personal support services worker. That description shall include the following information: (A) A statement identifying the employing or contracting personal support services agency as responsible for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, unemployment and workers' compensation insurance as prescribed by state and federal law; and (B) A statement identifying which party will be responsible for the personal support services worker's hiring, firing, discipline, day-to-day supervision, assignment of duties and provision of equipment or materials for use by the personal support services worker. (e) The notices required under subsection (c) shall be signed by the service recipient or authorized representative and retained by the personal support services agency at its office for not less than two (2) years following termination of service. Acts 2007, ch. 408, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Personal support services agency" means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part. "Personal support services agency" includes an entity that employs or subcontracts with individuals who provide personal support services to service recipients; and (2) "Personal support services worker" means a person licensed as a personal support services agency, or an employee or an individual subcontracted by a personal support services agency who is providing personal support services pursuant to an arrangement between a service recipient and a personal support services agency.
(1) "Personal support services agency" means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part. "Personal support services agency" includes an entity that employs or subcontracts with individuals who provide personal support services to service recipients; and
(2) "Personal support services worker" means a person licensed as a personal support services agency, or an employee or an individual subcontracted by a personal support services agency who is providing personal support services pursuant to an arrangement between a service recipient and a personal support services agency.
(b) In addition to the standards and requirements for personal support services as established by rules adopted by the department, personal support services agencies shall comply with the requirements in this section.
(c) A personal support services agency shall provide to each service recipient a consumer notice before beginning service, which shall include, at a minimum, the following: (1) The duties, responsibilities, obligations and legal liabilities of the personal support services agency, the personal support services worker, and the personal support services recipient. The description shall clearly set forth the service recipient's responsibility, if any, for: (A) Day-to-day supervision of the personal support services workers; (B) Assigning duties to the personal support services worker; (C) Hiring, firing and discipline of the personal support services worker; (D) Provision of equipment or materials for use by the personal support services worker; (E) Performing a criminal background check on the personal support services worker; (F) Checking the personal support services worker's references; and (G) Ensuring credentials and appropriate licensure/certification of a personal support services worker; and (2) A statement identifying the personal support services agency as an employer, or contractor, as applicable, of the personal support services worker along with the responsibility the personal support services agency will assume for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, workers' compensation and unemployment compensation payments.
(1) The duties, responsibilities, obligations and legal liabilities of the personal support services agency, the personal support services worker, and the personal support services recipient. The description shall clearly set forth the service recipient's responsibility, if any, for: (A) Day-to-day supervision of the personal support services workers; (B) Assigning duties to the personal support services worker; (C) Hiring, firing and discipline of the personal support services worker; (D) Provision of equipment or materials for use by the personal support services worker; (E) Performing a criminal background check on the personal support services worker; (F) Checking the personal support services worker's references; and (G) Ensuring credentials and appropriate licensure/certification of a personal support services worker; and
(A) Day-to-day supervision of the personal support services workers;
(B) Assigning duties to the personal support services worker;
(C) Hiring, firing and discipline of the personal support services worker;
(D) Provision of equipment or materials for use by the personal support services worker;
(E) Performing a criminal background check on the personal support services worker;
(F) Checking the personal support services worker's references; and
(G) Ensuring credentials and appropriate licensure/certification of a personal support services worker; and
(2) A statement identifying the personal support services agency as an employer, or contractor, as applicable, of the personal support services worker along with the responsibility the personal support services agency will assume for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, workers' compensation and unemployment compensation payments.
(d) A personal support services agency shall provide a notice to each personal support services worker who is placed with a service recipient before the worker provides any service to the service recipient. The worker notice shall contain the following information: (1) The relationship between the personal support services agency and the personal support services workers; and (2) A description of the duties, responsibilities, obligations and legal liabilities of the personal support services agency, the service recipient, and the personal support services worker. That description shall include the following information: (A) A statement identifying the employing or contracting personal support services agency as responsible for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, unemployment and workers' compensation insurance as prescribed by state and federal law; and (B) A statement identifying which party will be responsible for the personal support services worker's hiring, firing, discipline, day-to-day supervision, assignment of duties and provision of equipment or materials for use by the personal support services worker.
(1) The relationship between the personal support services agency and the personal support services workers; and
(2) A description of the duties, responsibilities, obligations and legal liabilities of the personal support services agency, the service recipient, and the personal support services worker. That description shall include the following information: (A) A statement identifying the employing or contracting personal support services agency as responsible for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, unemployment and workers' compensation insurance as prescribed by state and federal law; and (B) A statement identifying which party will be responsible for the personal support services worker's hiring, firing, discipline, day-to-day supervision, assignment of duties and provision of equipment or materials for use by the personal support services worker.
(A) A statement identifying the employing or contracting personal support services agency as responsible for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, unemployment and workers' compensation insurance as prescribed by state and federal law; and
(B) A statement identifying which party will be responsible for the personal support services worker's hiring, firing, discipline, day-to-day supervision, assignment of duties and provision of equipment or materials for use by the personal support services worker.
(e) The notices required under subsection (c) shall be signed by the service recipient or authorized representative and retained by the personal support services agency at its office for not less than two (2) years following termination of service.
Acts 2007, ch. 408, § 1.
Tenn. Code Ann. § 33-5-409 — TN Code / Title 33 / Chapter 5 / Section 33-5-409
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1981, ch. 224, § 11; T.C.A., §§ 33-524, 33-5-309; Acts 2000, ch. 947, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1981, ch. 224, § 11; T.C.A., §§ 33-524, 33-5-309; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-601 — TN Code / Title 33 / Chapter 3 / Section 33-3-601
Application of part
Status: in_force

This part governs only proceedings under statutes that designate use of this part. Acts 1983, ch. 323, § 9; T.C.A., § 33-360; Acts 1987, ch. 143, § 7; 2000, ch. 947, § 1.
This part governs only proceedings under statutes that designate use of this part.
Acts 1983, ch. 323, § 9; T.C.A., § 33-360; Acts 1987, ch. 143, § 7; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-506 — TN Code / Title 33 / Chapter 6 / Section 33-6-506
Commitment to other public or private facility
Status: in_force

If a licensed public hospital or treatment resource other than a state facility has available suitable accommodations, the court may commit the defendant to the public hospital or treatment resource. Acts 2000, ch. 947, § 1.
If a licensed public hospital or treatment resource other than a state facility has available suitable accommodations, the court may commit the defendant to the public hospital or treatment resource.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-618 — TN Code / Title 33 / Chapter 3 / Section 33-3-618
Dismissal of proceedings - Release of defendant
Status: in_force

(a) If the court does not commit the defendant to involuntary care and treatment, the court shall enter an order dismissing the proceedings for involuntary care and treatment. (b) If the defendant is being held involuntarily under this title, the court shall order the immediate release of the defendant unless the defendant is in the custody of the chief officer of a facility under another law or is being held on charges of the commission of a criminal offense or of juvenile delinquency. Acts 1983, ch. 323, § 9; T.C.A., § 33-377; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
(a) If the court does not commit the defendant to involuntary care and treatment, the court shall enter an order dismissing the proceedings for involuntary care and treatment.
(b) If the defendant is being held involuntarily under this title, the court shall order the immediate release of the defendant unless the defendant is in the custody of the chief officer of a facility under another law or is being held on charges of the commission of a criminal offense or of juvenile delinquency.
Acts 1983, ch. 323, § 9; T.C.A., § 33-377; Acts 1984, ch. 922, §§ 16, 19; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-417 — TN Code / Title 33 / Chapter 2 / Section 33-2-417
Provision of services without license - Actions by commissioner - Violations
Status: in_force

(a) If the commissioner finds that a service or facility is providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services without a license, the commissioner may, without prior notice, order the service or facility immediately to cease and desist from providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services. Before issuing a cease and desist order, the commissioner shall find that entering the order is in the public interest; necessary for the protection of the health, safety, or welfare of the service recipients of the service or facility; and consistent with the purposes fairly intended by this part. (b) The order shall state the relevant findings of fact and conclusions of law that support the commissioner's finding that entering the order without prior notice is in the public interest, necessary for the protection of the service recipients of the service or facility, and consistent with this part. The order shall provide notice to the respondent of the respondent's rights and responsibilities concerning review of the order. (c) (1) The owner of the service or facility ordered to cease and desist operation may seek review of the order before the commissioner or the commissioner's designee under this subsection (c). (2) The owner or legal representative of the service or facility may request an informal conference before the commissioner or the commissioner's designee. The request shall be filed with the commissioner within thirty (30) days of entry of the order. The commissioner or the commissioner's designee shall convene the requested informal conference within seven (7) days of the date of receipt of the request. The conference is informal and the service or facility has the right to be represented by counsel at all stages of the informal conference. (3) The sole issue to be determined at the informal conference is whether the service or facility was operating without a license as required by this part prior to or concurrently with the date of the entry of the order. This part and its rules control this determination. At the conference the commissioner may uphold, amend, or rescind the cease and desist order. Unless contested under subdivision (c)(4), the original or amended cease and desist order becomes a final order within seven (7) days. (4) If the commissioner or the commissioner's designee determines, as a result of the informal conference, that the cease and desist order should be amended or should not be rescinded, the owner or legal representative of the service or facility may seek review of the order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The request shall be made in writing to the commissioner within seven (7) days of receipt of written notice of the commissioner's decision. Upon receipt of the request, the commissioner shall immediately refer the matter to the department of state for initiation of contested case proceedings. (5) If the respondent fails to request an informal conference under subdivision (c)(1), then the cease and desist order becomes a final order of the commissioner within thirty (30) days of its entry. The service or facility may obtain judicial review of this final order in the chancery court of Davidson County under the Uniform Administrative Procedures Act. (d) It is a Class B misdemeanor to violate a cease and desist order lawfully entered by the commissioner. Each day of operation in violation of the commissioner's cease and desist order, calculated from the date of its service upon the owner or operator of the service or facility, is a separate offense. (e) Nothing in this part precludes any person, including the department, who is aggrieved by the operation of an unlicensed service or facility from pursuing other remedies and sanctions, including those provided by §§ 33-2-405 and 33-2-412 . Amended by 2024 Tenn. Acts, ch. 688,s 46, eff. 7/1/2024. Acts 1996, ch. 796, § 1; T.C.A., § 33-2-513; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-416 ; Acts 2001, ch. 282, § 7; 2001, ch. 299, § 1; 2012 , ch. 1010, § 11.
(a) If the commissioner finds that a service or facility is providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services without a license, the commissioner may, without prior notice, order the service or facility immediately to cease and desist from providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services. Before issuing a cease and desist order, the commissioner shall find that entering the order is in the public interest; necessary for the protection of the health, safety, or welfare of the service recipients of the service or facility; and consistent with the purposes fairly intended by this part.
(b) The order shall state the relevant findings of fact and conclusions of law that support the commissioner's finding that entering the order without prior notice is in the public interest, necessary for the protection of the service recipients of the service or facility, and consistent with this part. The order shall provide notice to the respondent of the respondent's rights and responsibilities concerning review of the order.
(c) (1) The owner of the service or facility ordered to cease and desist operation may seek review of the order before the commissioner or the commissioner's designee under this subsection (c). (2) The owner or legal representative of the service or facility may request an informal conference before the commissioner or the commissioner's designee. The request shall be filed with the commissioner within thirty (30) days of entry of the order. The commissioner or the commissioner's designee shall convene the requested informal conference within seven (7) days of the date of receipt of the request. The conference is informal and the service or facility has the right to be represented by counsel at all stages of the informal conference. (3) The sole issue to be determined at the informal conference is whether the service or facility was operating without a license as required by this part prior to or concurrently with the date of the entry of the order. This part and its rules control this determination. At the conference the commissioner may uphold, amend, or rescind the cease and desist order. Unless contested under subdivision (c)(4), the original or amended cease and desist order becomes a final order within seven (7) days. (4) If the commissioner or the commissioner's designee determines, as a result of the informal conference, that the cease and desist order should be amended or should not be rescinded, the owner or legal representative of the service or facility may seek review of the order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The request shall be made in writing to the commissioner within seven (7) days of receipt of written notice of the commissioner's decision. Upon receipt of the request, the commissioner shall immediately refer the matter to the department of state for initiation of contested case proceedings. (5) If the respondent fails to request an informal conference under subdivision (c)(1), then the cease and desist order becomes a final order of the commissioner within thirty (30) days of its entry. The service or facility may obtain judicial review of this final order in the chancery court of Davidson County under the Uniform Administrative Procedures Act.
(1) The owner of the service or facility ordered to cease and desist operation may seek review of the order before the commissioner or the commissioner's designee under this subsection (c).
(2) The owner or legal representative of the service or facility may request an informal conference before the commissioner or the commissioner's designee. The request shall be filed with the commissioner within thirty (30) days of entry of the order. The commissioner or the commissioner's designee shall convene the requested informal conference within seven (7) days of the date of receipt of the request. The conference is informal and the service or facility has the right to be represented by counsel at all stages of the informal conference.
(3) The sole issue to be determined at the informal conference is whether the service or facility was operating without a license as required by this part prior to or concurrently with the date of the entry of the order. This part and its rules control this determination. At the conference the commissioner may uphold, amend, or rescind the cease and desist order. Unless contested under subdivision (c)(4), the original or amended cease and desist order becomes a final order within seven (7) days.
(4) If the commissioner or the commissioner's designee determines, as a result of the informal conference, that the cease and desist order should be amended or should not be rescinded, the owner or legal representative of the service or facility may seek review of the order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The request shall be made in writing to the commissioner within seven (7) days of receipt of written notice of the commissioner's decision. Upon receipt of the request, the commissioner shall immediately refer the matter to the department of state for initiation of contested case proceedings.
(5) If the respondent fails to request an informal conference under subdivision (c)(1), then the cease and desist order becomes a final order of the commissioner within thirty (30) days of its entry. The service or facility may obtain judicial review of this final order in the chancery court of Davidson County under the Uniform Administrative Procedures Act.
(d) It is a Class B misdemeanor to violate a cease and desist order lawfully entered by the commissioner. Each day of operation in violation of the commissioner's cease and desist order, calculated from the date of its service upon the owner or operator of the service or facility, is a separate offense.
(e) Nothing in this part precludes any person, including the department, who is aggrieved by the operation of an unlicensed service or facility from pursuing other remedies and sanctions, including those provided by §§ 33-2-405 and 33-2-412 .
Amended by 2024 Tenn. Acts, ch. 688,s 46, eff. 7/1/2024.
Acts 1996, ch. 796, § 1; T.C.A., § 33-2-513; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-416 ; Acts 2001, ch. 282, § 7; 2001, ch. 299, § 1; 2012 , ch. 1010, § 11.
Tenn. Code Ann. § 33-4-205 — TN Code / Title 33 / Chapter 4 / Section 33-4-205
Funds received by guardian or conservator
Status: in_force

All funds received by a legal guardian or conservator appointed under this part shall be handled as state funds, be accountable as all other state funds, and be audited annually by the state. All earnings on the funds shall inure to the benefit of the ward. The department shall file a copy of the annual audit with the appointing court. Acts 1983, ch. 323, § 4; T.C.A., §§ 33-333, 33-3-904(a); Acts 2000, ch. 947, § 1.
All funds received by a legal guardian or conservator appointed under this part shall be handled as state funds, be accountable as all other state funds, and be audited annually by the state. All earnings on the funds shall inure to the benefit of the ward. The department shall file a copy of the annual audit with the appointing court.
Acts 1983, ch. 323, § 4; T.C.A., §§ 33-333, 33-3-904(a); Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-904 — TN Code / Title 33 / Chapter 3 / Section 33-3-904
Aiding or abetting escape - Inciting service recipient to violence - Supplying with dangerous or intoxicating substances
Status: in_force

(a) A person commits a Class E felony who: (1) Counsels, causes, influences, aids or assists a service recipient with mental illness or serious emotional disturbance, or developmental disability to leave a hospital without authority after the service recipient was admitted under court order; (2) Harbors or conceals a service recipient with mental illness or serious emotional disturbance, or developmental disability who has left a hospital without authority; (3) Incites a service recipient with mental illness or serious emotional disturbance, or developmental disability, while the service recipient is admitted to a hospital, to hurt or injure another person anywhere; or (4) Gives or sells to a service recipient with mental illness or serious emotional disturbance, or developmental disability in a hospital, whether on the premises of the facility or elsewhere, knowing the person to be a person with mental illness or serious emotional disturbance, or developmental disability, any firearms, intoxicating drinks, drugs, or any other harmful articles. (b) A hospital employee or official who receives from a person with mental illness or serious emotional disturbance, or developmental disability anything of value as a gift or for a consideration commits a Class C misdemeanor. (c) A person, who aids or abets in the commission of any of the foregoing offenses or aids or abets in a prohibited attempt, is guilty as if the person were a principal and shall be punished as a principal. Amended by 2024 Tenn. Acts, ch. 688,s 83, eff. 7/1/2024. Acts 1965, ch. 38, § 23; 1974, ch. 802, § 30; 1980, ch. 838, § 5; T.C.A., § 33-317; Acts 1989, ch. 591, §§ 30, 31, 113; T.C.A., § 33-3-106(b)-(d) ; Acts 2000, ch. 947, § 1.
(a) A person commits a Class E felony who: (1) Counsels, causes, influences, aids or assists a service recipient with mental illness or serious emotional disturbance, or developmental disability to leave a hospital without authority after the service recipient was admitted under court order; (2) Harbors or conceals a service recipient with mental illness or serious emotional disturbance, or developmental disability who has left a hospital without authority; (3) Incites a service recipient with mental illness or serious emotional disturbance, or developmental disability, while the service recipient is admitted to a hospital, to hurt or injure another person anywhere; or (4) Gives or sells to a service recipient with mental illness or serious emotional disturbance, or developmental disability in a hospital, whether on the premises of the facility or elsewhere, knowing the person to be a person with mental illness or serious emotional disturbance, or developmental disability, any firearms, intoxicating drinks, drugs, or any other harmful articles.
(1) Counsels, causes, influences, aids or assists a service recipient with mental illness or serious emotional disturbance, or developmental disability to leave a hospital without authority after the service recipient was admitted under court order;
(2) Harbors or conceals a service recipient with mental illness or serious emotional disturbance, or developmental disability who has left a hospital without authority;
(3) Incites a service recipient with mental illness or serious emotional disturbance, or developmental disability, while the service recipient is admitted to a hospital, to hurt or injure another person anywhere; or
(4) Gives or sells to a service recipient with mental illness or serious emotional disturbance, or developmental disability in a hospital, whether on the premises of the facility or elsewhere, knowing the person to be a person with mental illness or serious emotional disturbance, or developmental disability, any firearms, intoxicating drinks, drugs, or any other harmful articles.
(b) A hospital employee or official who receives from a person with mental illness or serious emotional disturbance, or developmental disability anything of value as a gift or for a consideration commits a Class C misdemeanor.
(c) A person, who aids or abets in the commission of any of the foregoing offenses or aids or abets in a prohibited attempt, is guilty as if the person were a principal and shall be punished as a principal.
Amended by 2024 Tenn. Acts, ch. 688,s 83, eff. 7/1/2024.
Acts 1965, ch. 38, § 23; 1974, ch. 802, § 30; 1980, ch. 838, § 5; T.C.A., § 33-317; Acts 1989, ch. 591, §§ 30, 31, 113; T.C.A., § 33-3-106(b)-(d) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-621 — TN Code / Title 33 / Chapter 6 / Section 33-6-621
Reinstatement of mandatory outpatient care
Status: in_force

IF (1) during the sixth month after discharge or after the last renewal the qualified mental health professional determines that: (A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND (B) the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under § 33-6-501 unless treatment is continued, AND (C) the person is not likely to participate in outpatient treatment unless legally obligated to do so, AND (D) mandatory outpatient treatment is a suitable less drastic alternative to commitment, THEN (2) the obligation to participate in outpatient treatment is renewed for six (6) months, AND (3) the qualified mental health professional shall notify the person, the person's attorney, the hospital that discharged the person, and the committing court of the decision and of the basis for it and of the person's right to request a hearing in the committing court. Acts 1982, ch. 862, § 6; T.C.A., §§ 33-617, 33-6-203; Acts 1984, ch. 922, § 26; T.C.A., § 33-6-207(b) ; Acts 2000, ch. 947, § 1.
IF
(1) during the sixth month after discharge or after the last renewal the qualified mental health professional determines that: (A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND (B) the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under § 33-6-501 unless treatment is continued, AND (C) the person is not likely to participate in outpatient treatment unless legally obligated to do so, AND (D) mandatory outpatient treatment is a suitable less drastic alternative to commitment, THEN
(A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND
(B) the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under § 33-6-501 unless treatment is continued, AND
(C) the person is not likely to participate in outpatient treatment unless legally obligated to do so, AND
(D) mandatory outpatient treatment is a suitable less drastic alternative to commitment, THEN
THEN
(2) the obligation to participate in outpatient treatment is renewed for six (6) months, AND
(3) the qualified mental health professional shall notify the person, the person's attorney, the hospital that discharged the person, and the committing court of the decision and of the basis for it and of the person's right to request a hearing in the committing court.
Acts 1982, ch. 862, § 6; T.C.A., §§ 33-617, 33-6-203; Acts 1984, ch. 922, § 26; T.C.A., § 33-6-207(b) ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-5-201 — TN Code / Title 33 / Chapter 5 / Section 33-5-201
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 1992, ch. 981, § 3; 1994, ch. 683, § 1; T.C.A., § 33-5-402 ; Acts 2000, ch. 947, §§ 1, 6.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 1992, ch. 981, § 3; 1994, ch. 683, § 1; T.C.A., § 33-5-402 ; Acts 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-3-701 — TN Code / Title 33 / Chapter 3 / Section 33-3-701
Commencement of proceedings
Status: in_force

Judicial proceedings for the determination of whether a person may be transferred to a facility or continues to be eligible for treatment in a facility to which that person was transferred under part 3 or 4 of this chapter, may be commenced by filing a complaint in circuit court where the receiving department facility is located. The person or a parent, legal guardian, legal custodian, conservator, spouse or responsible relative of the person may initiate the review proceedings. Acts 1984, ch. 922, § 5; 1989, ch. 513, § 13; 1996, ch. 1079, § 55; 2000, ch. 947, §§ 1, 6.
Judicial proceedings for the determination of whether a person may be transferred to a facility or continues to be eligible for treatment in a facility to which that person was transferred under part 3 or 4 of this chapter, may be commenced by filing a complaint in circuit court where the receiving department facility is located. The person or a parent, legal guardian, legal custodian, conservator, spouse or responsible relative of the person may initiate the review proceedings.
Acts 1984, ch. 922, § 5; 1989, ch. 513, § 13; 1996, ch. 1079, § 55; 2000, ch. 947, §§ 1, 6.
Tenn. Code Ann. § 33-3-506 — TN Code / Title 33 / Chapter 3 / Section 33-3-506
Delivery of pleadings and certificates of need for care and treatment by telefax transmission
Status: in_force

Pleadings and any certificates of need for care and treatment that must be filed in proceedings under this chapter, and chapters 5-8 of this title may be delivered to the court by telefax transmission in conformity with the Tennessee Rules of Civil Procedure. Acts 2004, ch. 929, § 1.
Pleadings and any certificates of need for care and treatment that must be filed in proceedings under this chapter, and chapters 5-8 of this title may be delivered to the court by telefax transmission in conformity with the Tennessee Rules of Civil Procedure.
Acts 2004, ch. 929, § 1.
Tenn. Code Ann. § 33-10-201 — TN Code / Title 33 / Chapter 10 / Section 33-10-201
Admission of persons charged with or convicted of a crime
Status: in_force

A person charged with or convicted of a crime may be admitted under § 33-6-201 to an appropriate treatment resource, in accordance with the law relating to probation, parole or other disposition of persons charged with or convicted of criminal offenses. Acts 1973, ch. 295, § 14; 1981, ch. 224, § 21; T.C.A., § 33-814; Acts 1993, ch. 234, § 5; T.C.A., § 33-8-201 ; Acts 2000, ch. 947, § 8E; 2009, ch. 186, § 21; T.C.A. § 68-24-201 .
A person charged with or convicted of a crime may be admitted under § 33-6-201 to an appropriate treatment resource, in accordance with the law relating to probation, parole or other disposition of persons charged with or convicted of criminal offenses.
Acts 1973, ch. 295, § 14; 1981, ch. 224, § 21; T.C.A., § 33-814; Acts 1993, ch. 234, § 5; T.C.A., § 33-8-201 ; Acts 2000, ch. 947, § 8E; 2009, ch. 186, § 21; T.C.A. § 68-24-201 .
Tenn. Code Ann. § 33-2-603 — TN Code / Title 33 / Chapter 2 / Section 33-2-603
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 50, eff. 7/1/2024.
Tenn. Code Ann. § 33-3-603 — TN Code / Title 33 / Chapter 3 / Section 33-3-603
Jurisdiction and venue
Status: in_force

(a) The complaint may be filed in a county in which the defendant resides or may be found. If the defendant is in a hospital or treatment resource, the complaint shall be filed where the person is, and jurisdiction of the proceedings may be transferred for good cause to the court of residence. This venue requirement does not apply to complaints filed in accordance with § 33-7-301 or § 33-7-303 . (b) Except as otherwise expressly provided in this title, only the following courts have jurisdiction over the complaint: (1) Chancery court; (2) Circuit court; (3) Juvenile courts in proceedings held by judges who are lawyers or by referees; (4) Probate court in counties having a population of more than four hundred thousand (400,000) according to the 1980 federal census or any subsequent federal census; and (5) Court of general sessions in counties having a metropolitan form of government and having a population of more than four hundred thousand (400,000) according to the 1990 federal census or any subsequent federal census; provided, that the jurisdiction conferred by this subdivision (b)(5) is conferred only for petitions concerning mandatory outpatient treatment. Amended by 2024 Tenn. Acts, ch. 688,s 76, eff. 7/1/2024. Acts 1983, ch. 323, § 9; T.C.A., § 33-362; Acts 1984, ch. 922, § 16; 1985, ch. 437, § 13; 1986, ch. 570, § 4; 1986, ch. 836, § 5; 1994, ch. 743, § 1; 2000, ch. 947, § 1.
(a) The complaint may be filed in a county in which the defendant resides or may be found. If the defendant is in a hospital or treatment resource, the complaint shall be filed where the person is, and jurisdiction of the proceedings may be transferred for good cause to the court of residence. This venue requirement does not apply to complaints filed in accordance with § 33-7-301 or § 33-7-303 .
(b) Except as otherwise expressly provided in this title, only the following courts have jurisdiction over the complaint: (1) Chancery court; (2) Circuit court; (3) Juvenile courts in proceedings held by judges who are lawyers or by referees; (4) Probate court in counties having a population of more than four hundred thousand (400,000) according to the 1980 federal census or any subsequent federal census; and (5) Court of general sessions in counties having a metropolitan form of government and having a population of more than four hundred thousand (400,000) according to the 1990 federal census or any subsequent federal census; provided, that the jurisdiction conferred by this subdivision (b)(5) is conferred only for petitions concerning mandatory outpatient treatment.
(1) Chancery court;
(2) Circuit court;
(3) Juvenile courts in proceedings held by judges who are lawyers or by referees;
(4) Probate court in counties having a population of more than four hundred thousand (400,000) according to the 1980 federal census or any subsequent federal census; and
(5) Court of general sessions in counties having a metropolitan form of government and having a population of more than four hundred thousand (400,000) according to the 1990 federal census or any subsequent federal census; provided, that the jurisdiction conferred by this subdivision (b)(5) is conferred only for petitions concerning mandatory outpatient treatment.
Amended by 2024 Tenn. Acts, ch. 688,s 76, eff. 7/1/2024.
Acts 1983, ch. 323, § 9; T.C.A., § 33-362; Acts 1984, ch. 922, § 16; 1985, ch. 437, § 13; 1986, ch. 570, § 4; 1986, ch. 836, § 5; 1994, ch. 743, § 1; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-2-405 — TN Code / Title 33 / Chapter 2 / Section 33-2-405
Operation of unlicensed facility unlawful - Penalty
Status: in_force

(a) It is unlawful for a person, partnership, association or corporation to own or operate a service or facility that provides mental health, alcohol and drug abuse prevention and/or treatment services, or personal support services within the meaning of this title without having obtained a license as required by this part. (b) A violation of this requirement is a Class B misdemeanor. (c) Each day of operation without a license constitutes a separate offense. Amended by 2024 Tenn. Acts, ch. 688,s 42, eff. 7/1/2024. Acts 1978, ch. 853, § 5; 1981, ch. 436, § 2; T.C.A., § 33-1805; Acts 1989, ch. 591, § 112; T.C.A., § 33-2-505; Acts 2000, ch. 947, § 1; 2001, ch. 282, § 4; 2012 , ch. 1010, § 8.
(a) It is unlawful for a person, partnership, association or corporation to own or operate a service or facility that provides mental health, alcohol and drug abuse prevention and/or treatment services, or personal support services within the meaning of this title without having obtained a license as required by this part.
(b) A violation of this requirement is a Class B misdemeanor.
(c) Each day of operation without a license constitutes a separate offense.
Amended by 2024 Tenn. Acts, ch. 688,s 42, eff. 7/1/2024.
Acts 1978, ch. 853, § 5; 1981, ch. 436, § 2; T.C.A., § 33-1805; Acts 1989, ch. 591, § 112; T.C.A., § 33-2-505; Acts 2000, ch. 947, § 1; 2001, ch. 282, § 4; 2012 , ch. 1010, § 8.
Tenn. Code Ann. § 33-6-618 — TN Code / Title 33 / Chapter 6 / Section 33-6-618
Rights of defendant in proceedings under this part
Status: in_force

In judicial proceedings under this part the person with mental illness or serious emotional disturbance has the following rights: (1) The burden of proof to establish, as appropriate to the proceedings, that the outpatient treatment plan is proper, that the person is subject to return to the hospital, or that the plan is subject to extension, shall be by clear, unequivocal, and convincing evidence and shall be borne by the party seeking to impose the obligations; (2) The person shall be present at the hearing unless the person waives such presence in writing. If the person's attorney shows that the person's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated. If the court determines that the person's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the person or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the person restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the person is not present at or is excluded from the hearing, the court shall make a written fact finding as to why the hearing is held in the person's absence; and (3) The person's attorney shall notify the court of the representation immediately after accepting it. If the person does not employ an attorney, the court shall appoint an attorney to represent the person as soon as possible after the case is docketed. An attorney representing the person shall not serve as guardian ad litem. If the court determines that the person is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the person's guardian ad litem. Acts 1984, ch. 922, § 31; T.C.A., § 33-6-205 ; Acts 2000, ch. 947, § 1.
In judicial proceedings under this part the person with mental illness or serious emotional disturbance has the following rights:
(1) The burden of proof to establish, as appropriate to the proceedings, that the outpatient treatment plan is proper, that the person is subject to return to the hospital, or that the plan is subject to extension, shall be by clear, unequivocal, and convincing evidence and shall be borne by the party seeking to impose the obligations;
(2) The person shall be present at the hearing unless the person waives such presence in writing. If the person's attorney shows that the person's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated. If the court determines that the person's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the person or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the person restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the person is not present at or is excluded from the hearing, the court shall make a written fact finding as to why the hearing is held in the person's absence; and
(3) The person's attorney shall notify the court of the representation immediately after accepting it. If the person does not employ an attorney, the court shall appoint an attorney to represent the person as soon as possible after the case is docketed. An attorney representing the person shall not serve as guardian ad litem. If the court determines that the person is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the person's guardian ad litem.
Acts 1984, ch. 922, § 31; T.C.A., § 33-6-205 ; Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-310 — TN Code / Title 33 / Chapter 6 / Section 33-6-310
Monitoring of admissions to ensure service recipients' rights
Status: in_force

The department shall monitor admissions under this part to assure that they are not used in any way that violates the rights of service recipients with mental illness or serious emotional disturbance. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 39.
The department shall monitor admissions under this part to assure that they are not used in any way that violates the rights of service recipients with mental illness or serious emotional disturbance.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 39.
Tenn. Code Ann. § 33-7-303 — TN Code / Title 33 / Chapter 7 / Section 33-7-303
Judicial hospitalization or outpatient treatment of person judged not guilty by reason of insanity - Transfer to forensic services unit - Appeal - Cost of treatment
Status: in_force

(a) (1) When a person charged with a criminal offense is acquitted of the charge on a verdict of not guilty by reason of insanity at the time of the commission of the offense, the criminal court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court. (2) When a person charged with a felony criminal offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense and that person is in custody at the time of the verdict, the court may order that the person remain held without bond following the verdict, for the purpose of receiving an outpatient evaluation performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court. In such cases, the court shall immediately enter an order to hold the person without bond for the purpose of receiving the evaluation and shall order that the evaluation be completed within thirty (30) days of receipt of the court order by the examining professional. (b) (1) Following diagnosis and evaluation, if certification is provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for judicial commitment under chapter 6, part 5 of this title. If certification is not provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for an order requiring the person to participate in outpatient treatment under this subsection (b). (2) If the court does not commit the person under chapter 6, part 5 of this title and the court determines that the person's condition resulting from mental illness is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm under § 33-6-501 unless treatment is continued, the court may order the person to participate in outpatient treatment. Otherwise, the court may not order the person to participate in outpatient treatment. The obligation to participate in outpatient treatment continues until it is terminated by the court under subdivision (b)(4). (3) If the court orders the person to participate in outpatient treatment and the person does not comply with the treatment plan, the qualified mental health professional shall notify the district attorney general of the noncompliance, and the district attorney general may move the criminal court to cite the person for civil or criminal contempt of court for the noncompliance and may file a complaint in the criminal court under chapter 6, part 5 of this title. The qualified mental health professional shall file a report with the district attorney general every six (6) months as to the person's continuing need for treatment. (4) The court shall terminate the obligation to participate in outpatient treatment when it determines that the person is no longer subject to the obligation under subdivision (b)(2). (5) The court is vested with jurisdiction to conduct proceedings authorized by this subsection (b). (c) (1) Following the hearing conducted by the criminal court under chapter 6, part 5, of this title, if the court finds that the person meets the commitment standards under chapter 6, part 5 of this title, the court shall enter an order of judicial hospitalization and transfer the person to the custody of the commissioner subject to department rules governing release procedures. (2) If the court further finds that: (A) The person is substantially likely to injure the person or others if the person is not treated in a forensic services unit; and (B) Treatment in the unit is in the person's best interests, the person shall be transferred into the custody of the commissioner at a forensic services unit designated by the commissioner subject to § 33-7-203 . (3) If the court commits a person under this subsection (c), the person comes into the commissioner's custody only if the commissioner determines that a facility has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a defendant for commitment in a department facility, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations. (d) Either party may appeal a final adjudication under this section to the court of criminal appeals. (e) The criminal court, in a trial before a jury in which the issue of insanity at the time of the commission of the offense is raised, shall instruct the jury before it begins deliberation as to the provisions of this section. (f) The cost of treatment incurred as a result of the outpatient treatment and evaluation required in subdivision (b)(2) shall be taxed as court costs. (g) (1) When a person charged with first degree murder or a Class A felony offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense, the trial court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the trial court to determine if the person should be committed to inpatient hospitalization under chapter 6, part 5 of this title. If the person was in custody at the time of the verdict, the trial court shall immediately order the person to remain held without bond following the verdict of not guilty by reason of insanity, for purposes of receiving the outpatient evaluation. The trial court shall order that the outpatient evaluation be completed within thirty (30) days of receipt of the court order by the examining community mental health agency or licensed private practitioner. (2) If, after outpatient evaluation, the person is committed to inpatient hospitalization under chapter 6, part 5 of this title, the person shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment. (3) If, after outpatient evaluation, the person is not committed to inpatient hospitalization under chapter 6, part 5 of this title, the trial court shall order the person to participate in outpatient treatment. (4) Any person currently committed to inpatient hospitalization under chapter 6, part 5 of this title, who was charged with first degree murder or a Class A felony offense under title 39, chapter 13, and found not guilty by reason of insanity at the time of the commission of the offense, shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment. (5) Any person ordered by the trial court to participate in outpatient treatment under this subsection (g) shall do so for an initial mandatory period of six (6) months. Upon completion of the initial six-month period, the trial court shall review the person's need for continued court-ordered outpatient treatment. If the trial court determines that continued outpatient treatment is appropriate, then the trial court may order the continuation of outpatient treatment beyond the initial six (6) month period. Thereafter, the trial court shall review the person's need for continued court-ordered outpatient treatment on an annual basis. The trial court shall consider the following factors when determining the appropriateness of ordering a person to continued outpatient treatment beyond the initial six-month period under this subsection (g): (A) The likelihood that harm will occur unless the person remains under court-ordered outpatient treatment; (B) The likelihood that the person will voluntarily participate in outpatient treatment; (C) The person's history of compliance with outpatient treatment plans; and (D) Any other factor that the trial court deems appropriate for purposes of evaluating the person's need for court-ordered outpatient treatment. Amended by 2017 Tenn. Acts, ch. 342, s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 342, s 1, eff. 7/1/2017. Acts 1974, ch. 464, § 1; 1977, ch. 396, § 1; 1979, ch. 311, §§ 1-3; 1981, ch. 224, § 17; 1983, ch. 323, § 23; T.C.A., § 33-709; Acts 1984, ch. 922, § 38; 1985, ch. 437, §§ 27, 28; 2000, ch. 947, § 1; 2002, ch. 730, § 52; 2005, ch. 150, § 3; 2009 , ch. 531, §§ 48 - 51; 2011 , ch. 142, § 1.
(a) (1) When a person charged with a criminal offense is acquitted of the charge on a verdict of not guilty by reason of insanity at the time of the commission of the offense, the criminal court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court. (2) When a person charged with a felony criminal offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense and that person is in custody at the time of the verdict, the court may order that the person remain held without bond following the verdict, for the purpose of receiving an outpatient evaluation performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court. In such cases, the court shall immediately enter an order to hold the person without bond for the purpose of receiving the evaluation and shall order that the evaluation be completed within thirty (30) days of receipt of the court order by the examining professional.
(1) When a person charged with a criminal offense is acquitted of the charge on a verdict of not guilty by reason of insanity at the time of the commission of the offense, the criminal court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court.
(2) When a person charged with a felony criminal offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense and that person is in custody at the time of the verdict, the court may order that the person remain held without bond following the verdict, for the purpose of receiving an outpatient evaluation performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court. In such cases, the court shall immediately enter an order to hold the person without bond for the purpose of receiving the evaluation and shall order that the evaluation be completed within thirty (30) days of receipt of the court order by the examining professional.
(b) (1) Following diagnosis and evaluation, if certification is provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for judicial commitment under chapter 6, part 5 of this title. If certification is not provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for an order requiring the person to participate in outpatient treatment under this subsection (b). (2) If the court does not commit the person under chapter 6, part 5 of this title and the court determines that the person's condition resulting from mental illness is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm under § 33-6-501 unless treatment is continued, the court may order the person to participate in outpatient treatment. Otherwise, the court may not order the person to participate in outpatient treatment. The obligation to participate in outpatient treatment continues until it is terminated by the court under subdivision (b)(4). (3) If the court orders the person to participate in outpatient treatment and the person does not comply with the treatment plan, the qualified mental health professional shall notify the district attorney general of the noncompliance, and the district attorney general may move the criminal court to cite the person for civil or criminal contempt of court for the noncompliance and may file a complaint in the criminal court under chapter 6, part 5 of this title. The qualified mental health professional shall file a report with the district attorney general every six (6) months as to the person's continuing need for treatment. (4) The court shall terminate the obligation to participate in outpatient treatment when it determines that the person is no longer subject to the obligation under subdivision (b)(2). (5) The court is vested with jurisdiction to conduct proceedings authorized by this subsection (b).
(1) Following diagnosis and evaluation, if certification is provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for judicial commitment under chapter 6, part 5 of this title. If certification is not provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for an order requiring the person to participate in outpatient treatment under this subsection (b).
(2) If the court does not commit the person under chapter 6, part 5 of this title and the court determines that the person's condition resulting from mental illness is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm under § 33-6-501 unless treatment is continued, the court may order the person to participate in outpatient treatment. Otherwise, the court may not order the person to participate in outpatient treatment. The obligation to participate in outpatient treatment continues until it is terminated by the court under subdivision (b)(4).
(3) If the court orders the person to participate in outpatient treatment and the person does not comply with the treatment plan, the qualified mental health professional shall notify the district attorney general of the noncompliance, and the district attorney general may move the criminal court to cite the person for civil or criminal contempt of court for the noncompliance and may file a complaint in the criminal court under chapter 6, part 5 of this title. The qualified mental health professional shall file a report with the district attorney general every six (6) months as to the person's continuing need for treatment.
(4) The court shall terminate the obligation to participate in outpatient treatment when it determines that the person is no longer subject to the obligation under subdivision (b)(2).
(5) The court is vested with jurisdiction to conduct proceedings authorized by this subsection (b).
(c) (1) Following the hearing conducted by the criminal court under chapter 6, part 5, of this title, if the court finds that the person meets the commitment standards under chapter 6, part 5 of this title, the court shall enter an order of judicial hospitalization and transfer the person to the custody of the commissioner subject to department rules governing release procedures. (2) If the court further finds that: (A) The person is substantially likely to injure the person or others if the person is not treated in a forensic services unit; and (B) Treatment in the unit is in the person's best interests, the person shall be transferred into the custody of the commissioner at a forensic services unit designated by the commissioner subject to § 33-7-203 . (3) If the court commits a person under this subsection (c), the person comes into the commissioner's custody only if the commissioner determines that a facility has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a defendant for commitment in a department facility, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations.
(1) Following the hearing conducted by the criminal court under chapter 6, part 5, of this title, if the court finds that the person meets the commitment standards under chapter 6, part 5 of this title, the court shall enter an order of judicial hospitalization and transfer the person to the custody of the commissioner subject to department rules governing release procedures.
(2) If the court further finds that: (A) The person is substantially likely to injure the person or others if the person is not treated in a forensic services unit; and (B) Treatment in the unit is in the person's best interests, the person shall be transferred into the custody of the commissioner at a forensic services unit designated by the commissioner subject to § 33-7-203 .
(A) The person is substantially likely to injure the person or others if the person is not treated in a forensic services unit; and
(B) Treatment in the unit is in the person's best interests, the person shall be transferred into the custody of the commissioner at a forensic services unit designated by the commissioner subject to § 33-7-203 .
the person shall be transferred into the custody of the commissioner at a forensic services unit designated by the commissioner subject to § 33-7-203 .
(3) If the court commits a person under this subsection (c), the person comes into the commissioner's custody only if the commissioner determines that a facility has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a defendant for commitment in a department facility, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations.
(d) Either party may appeal a final adjudication under this section to the court of criminal appeals.
(e) The criminal court, in a trial before a jury in which the issue of insanity at the time of the commission of the offense is raised, shall instruct the jury before it begins deliberation as to the provisions of this section.
(f) The cost of treatment incurred as a result of the outpatient treatment and evaluation required in subdivision (b)(2) shall be taxed as court costs.
(g) (1) When a person charged with first degree murder or a Class A felony offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense, the trial court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the trial court to determine if the person should be committed to inpatient hospitalization under chapter 6, part 5 of this title. If the person was in custody at the time of the verdict, the trial court shall immediately order the person to remain held without bond following the verdict of not guilty by reason of insanity, for purposes of receiving the outpatient evaluation. The trial court shall order that the outpatient evaluation be completed within thirty (30) days of receipt of the court order by the examining community mental health agency or licensed private practitioner. (2) If, after outpatient evaluation, the person is committed to inpatient hospitalization under chapter 6, part 5 of this title, the person shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment. (3) If, after outpatient evaluation, the person is not committed to inpatient hospitalization under chapter 6, part 5 of this title, the trial court shall order the person to participate in outpatient treatment. (4) Any person currently committed to inpatient hospitalization under chapter 6, part 5 of this title, who was charged with first degree murder or a Class A felony offense under title 39, chapter 13, and found not guilty by reason of insanity at the time of the commission of the offense, shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment. (5) Any person ordered by the trial court to participate in outpatient treatment under this subsection (g) shall do so for an initial mandatory period of six (6) months. Upon completion of the initial six-month period, the trial court shall review the person's need for continued court-ordered outpatient treatment. If the trial court determines that continued outpatient treatment is appropriate, then the trial court may order the continuation of outpatient treatment beyond the initial six (6) month period. Thereafter, the trial court shall review the person's need for continued court-ordered outpatient treatment on an annual basis. The trial court shall consider the following factors when determining the appropriateness of ordering a person to continued outpatient treatment beyond the initial six-month period under this subsection (g): (A) The likelihood that harm will occur unless the person remains under court-ordered outpatient treatment; (B) The likelihood that the person will voluntarily participate in outpatient treatment; (C) The person's history of compliance with outpatient treatment plans; and (D) Any other factor that the trial court deems appropriate for purposes of evaluating the person's need for court-ordered outpatient treatment.
(1) When a person charged with first degree murder or a Class A felony offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense, the trial court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the trial court to determine if the person should be committed to inpatient hospitalization under chapter 6, part 5 of this title. If the person was in custody at the time of the verdict, the trial court shall immediately order the person to remain held without bond following the verdict of not guilty by reason of insanity, for purposes of receiving the outpatient evaluation. The trial court shall order that the outpatient evaluation be completed within thirty (30) days of receipt of the court order by the examining community mental health agency or licensed private practitioner.
(2) If, after outpatient evaluation, the person is committed to inpatient hospitalization under chapter 6, part 5 of this title, the person shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment.
(3) If, after outpatient evaluation, the person is not committed to inpatient hospitalization under chapter 6, part 5 of this title, the trial court shall order the person to participate in outpatient treatment.
(4) Any person currently committed to inpatient hospitalization under chapter 6, part 5 of this title, who was charged with first degree murder or a Class A felony offense under title 39, chapter 13, and found not guilty by reason of insanity at the time of the commission of the offense, shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment.
(5) Any person ordered by the trial court to participate in outpatient treatment under this subsection (g) shall do so for an initial mandatory period of six (6) months. Upon completion of the initial six-month period, the trial court shall review the person's need for continued court-ordered outpatient treatment. If the trial court determines that continued outpatient treatment is appropriate, then the trial court may order the continuation of outpatient treatment beyond the initial six (6) month period. Thereafter, the trial court shall review the person's need for continued court-ordered outpatient treatment on an annual basis. The trial court shall consider the following factors when determining the appropriateness of ordering a person to continued outpatient treatment beyond the initial six-month period under this subsection (g): (A) The likelihood that harm will occur unless the person remains under court-ordered outpatient treatment; (B) The likelihood that the person will voluntarily participate in outpatient treatment; (C) The person's history of compliance with outpatient treatment plans; and (D) Any other factor that the trial court deems appropriate for purposes of evaluating the person's need for court-ordered outpatient treatment.
(A) The likelihood that harm will occur unless the person remains under court-ordered outpatient treatment;
(B) The likelihood that the person will voluntarily participate in outpatient treatment;
(C) The person's history of compliance with outpatient treatment plans; and
(D) Any other factor that the trial court deems appropriate for purposes of evaluating the person's need for court-ordered outpatient treatment.
Amended by 2017 Tenn. Acts, ch. 342, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 342, s 1, eff. 7/1/2017.
Acts 1974, ch. 464, § 1; 1977, ch. 396, § 1; 1979, ch. 311, §§ 1-3; 1981, ch. 224, § 17; 1983, ch. 323, § 23; T.C.A., § 33-709; Acts 1984, ch. 922, § 38; 1985, ch. 437, §§ 27, 28; 2000, ch. 947, § 1; 2002, ch. 730, § 52; 2005, ch. 150, § 3; 2009 , ch. 531, §§ 48 - 51; 2011 , ch. 142, § 1.
Tenn. Code Ann. § 33-5-302 — TN Code / Title 33 / Chapter 5 / Section 33-5-302
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2012 , ch. 636, § 6.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2012 , ch. 636, § 6.
Tenn. Code Ann. § 33-5-502 — TN Code / Title 33 / Chapter 5 / Section 33-5-502
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024. Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-3-707 — TN Code / Title 33 / Chapter 3 / Section 33-3-707
Evidence - Witnesses - Continuances - Presence or exclusion of transferee
Status: in_force

(a) The court shall give the plaintiff, the transferee, and all other persons to whom the clerk is required to give notice of the proceeding an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. (b) The transferee shall be present at the hearing unless the transferee waives the right to be present in writing. If the transferee's attorney shows that the transferee's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated. If the court determines that the transferee's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the transferee or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the transferee restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the transferee is not present at or is excluded from the hearing, the court shall make a written fact finding as to why the hearing is held in the transferee's absence. Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
(a) The court shall give the plaintiff, the transferee, and all other persons to whom the clerk is required to give notice of the proceeding an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses.
(b) The transferee shall be present at the hearing unless the transferee waives the right to be present in writing. If the transferee's attorney shows that the transferee's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated. If the court determines that the transferee's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the transferee or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the transferee restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the transferee is not present at or is excluded from the hearing, the court shall make a written fact finding as to why the hearing is held in the transferee's absence.
Acts 1984, ch. 922, § 5; 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-6-422 — TN Code / Title 33 / Chapter 6 / Section 33-6-422
Finding of probable cause - Involuntary commitment for care for up to fifteen (15)
Status: in_force

If, after the hearing is waived or is completed and the court has completed its consideration of the evidence, including the certificates of the examining professionals, and any other information relevant to the mental condition of the defendant, the court finds probable cause to believe that the defendant is subject to care and treatment under § 33-6-502 , and that if involuntary treatment is not continued the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible under § 33-6-403 , the court may order the defendant held for care and treatment pending a hearing under chapter 6, part 5 of this title, for not more than fifteen (15) days after the probable cause hearing unless a complaint is filed under chapter 6, part 5 of this title, within the fifteen (15) days. Acts 2000, ch. 947, § 1.
If, after the hearing is waived or is completed and the court has completed its consideration of the evidence, including the certificates of the examining professionals, and any other information relevant to the mental condition of the defendant, the court finds probable cause to believe that the defendant is subject to care and treatment under § 33-6-502 , and that if involuntary treatment is not continued the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible under § 33-6-403 , the court may order the defendant held for care and treatment pending a hearing under chapter 6, part 5 of this title, for not more than fifteen (15) days after the probable cause hearing unless a complaint is filed under chapter 6, part 5 of this title, within the fifteen (15) days.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-302 — TN Code / Title 33 / Chapter 10 / Section 33-10-302
Comprehensive treatment prevention program
Status: in_force

(a) The department shall establish a comprehensive treatment program for substance abusing youth in this state. The program shall include residential care and treatment and necessary day treatment, outpatient and intervention services to support residential care. (b) As an alternative to building new facilities, the department may contract with hospitals or other health care institutions that provide the services required by this part. Acts 1985, ch. 443, § 2; 1993, ch. 234, § 7; T.C.A., § 33-8-402; Acts 2009, ch. 186, § 25; T.C.A. § 68-24-402 ; Acts 2010, ch. 1100, § 24.
(a) The department shall establish a comprehensive treatment program for substance abusing youth in this state. The program shall include residential care and treatment and necessary day treatment, outpatient and intervention services to support residential care.
(b) As an alternative to building new facilities, the department may contract with hospitals or other health care institutions that provide the services required by this part.
Acts 1985, ch. 443, § 2; 1993, ch. 234, § 7; T.C.A., § 33-8-402; Acts 2009, ch. 186, § 25; T.C.A. § 68-24-402 ; Acts 2010, ch. 1100, § 24.
Tenn. Code Ann. § 33-6-308 — TN Code / Title 33 / Chapter 6 / Section 33-6-308
Release of person no longer in need of immediate care
Status: in_force

If at any time it is determined that the person is no longer in need of immediate observation, care and treatment in accordance with this part and is not in need of involuntary care and treatment in a hospital, the person shall be released unless the person agrees to be admitted to a hospital or treatment resource. Acts 2000, ch. 947, § 1.
If at any time it is determined that the person is no longer in need of immediate observation, care and treatment in accordance with this part and is not in need of involuntary care and treatment in a hospital, the person shall be released unless the person agrees to be admitted to a hospital or treatment resource.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-3-115 — TN Code / Title 33 / Chapter 3 / Section 33-3-115
Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by any clerk of court that maintains records of an adjudication as a mental defective or a judicial commitment to a mental institution
Status: in_force

(a) Any clerk of court that maintains records of an adjudication as a mental defective or a judicial commitment to a mental institution pursuant to chapter 6 or chapter 7 shall, in accordance with the procedures outlined in title 16, disclose the following information set out in subsection (b) solely for the purposes of complying with §§ 39-17-1316 , 39-17-1351 , 39-17-1352 , 16-1-117(a)(6) and the NICS Improvement Amendments Act of 2007, Public Law 110-180. (b) The following information shall be collected and reported to the federal bureau of investigation-NICS Index, and the department of safety, pursuant to this subsection (b): (1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise; (2) Case or docket number of the judicial commitment or the adjudication as a mental defective; (3) Date judicial commitment ordered or adjudication as a mental defective was made; (4) Private or state hospital or treatment resource to which the individual was judicially committed; (5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk; (6) Race and sex of the individual judicially committed or adjudicated as a mental defective; and (7) Social security number of the individual judicially committed or adjudicated as a mental defective if available. (c) The information in subdivisions (b)(1) - (7), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceeding pursuant to §§ 38-6-109 , 39-17-1316 , and 39-17-1352 - 39-17-1354. (d) For purposes of this section, the following definitions shall apply: (1) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or title 33, chapter 7; (2) "Adjudication as a mental defective or adjudicated as a mental defective" means: (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect; (B) A finding of insanity by a court in a criminal proceeding; or (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b ). Amended by 2019 Tenn. Acts, ch. 262, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 262, s 1, eff. 7/1/2019. Amended by 2013 Tenn. Acts, ch. 300, s 7, eff. 7/1/2013. Acts 2009 , ch. 578, § 5.
(a) Any clerk of court that maintains records of an adjudication as a mental defective or a judicial commitment to a mental institution pursuant to chapter 6 or chapter 7 shall, in accordance with the procedures outlined in title 16, disclose the following information set out in subsection (b) solely for the purposes of complying with §§ 39-17-1316 , 39-17-1351 , 39-17-1352 , 16-1-117(a)(6) and the NICS Improvement Amendments Act of 2007, Public Law 110-180.
(b) The following information shall be collected and reported to the federal bureau of investigation-NICS Index, and the department of safety, pursuant to this subsection (b): (1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise; (2) Case or docket number of the judicial commitment or the adjudication as a mental defective; (3) Date judicial commitment ordered or adjudication as a mental defective was made; (4) Private or state hospital or treatment resource to which the individual was judicially committed; (5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk; (6) Race and sex of the individual judicially committed or adjudicated as a mental defective; and (7) Social security number of the individual judicially committed or adjudicated as a mental defective if available.
(1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise;
(2) Case or docket number of the judicial commitment or the adjudication as a mental defective;
(3) Date judicial commitment ordered or adjudication as a mental defective was made;
(4) Private or state hospital or treatment resource to which the individual was judicially committed;
(5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk;
(6) Race and sex of the individual judicially committed or adjudicated as a mental defective; and
(7) Social security number of the individual judicially committed or adjudicated as a mental defective if available.
(c) The information in subdivisions (b)(1) - (7), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceeding pursuant to §§ 38-6-109 , 39-17-1316 , and 39-17-1352 - 39-17-1354.
(d) For purposes of this section, the following definitions shall apply: (1) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or title 33, chapter 7; (2) "Adjudication as a mental defective or adjudicated as a mental defective" means: (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect; (B) A finding of insanity by a court in a criminal proceeding; or (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b ).
(1) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or title 33, chapter 7;
(2) "Adjudication as a mental defective or adjudicated as a mental defective" means: (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect; (B) A finding of insanity by a court in a criminal proceeding; or (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b ).
(A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
(i) Is a danger to such person or to others; or
(ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
(B) A finding of insanity by a court in a criminal proceeding; or
(C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b ).
Amended by 2019 Tenn. Acts, ch. 262, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 262, s 1, eff. 7/1/2019.
Amended by 2013 Tenn. Acts, ch. 300, s 7, eff. 7/1/2013.
Acts 2009 , ch. 578, § 5.
Tenn. Code Ann. § 33-6-420 — TN Code / Title 33 / Chapter 6 / Section 33-6-420
Waiver of hearing
Status: in_force

If the defendant consents in writing to a waiver of hearing, counsel may waive the hearing upon proper notice to the court. Acts 2000, ch. 947, § 1.
If the defendant consents in writing to a waiver of hearing, counsel may waive the hearing upon proper notice to the court.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-8-101 — TN Code / Title 33 / Chapter 8 / Section 33-8-101
Applicability of title to children
Status: in_force

(a) Services for children who have mental illness or serious emotional disturbance are governed by all of this title. The general assembly finds that supporting families in their role as primary care givers for their children is more humane, efficient, and cost effective than placing children in state custody to obtain necessary services or otherwise placing children in settings outside their homes. (b) For children covered by this title, the following service principles are fundamental to carrying out the responsibilities of service providers and advocates: (1) Families and children are most responsible for determining their needs and should be included appropriately in planning and providing service and support; (2) Families should receive the support they need to care for their children at home; (3) Service providers and advocates should enable families and children to make good decisions concerning necessary, desirable, and appropriate services; (4) Service providers should coordinate services among agencies likely to provide services and supports to children and families; (5) Service providers and advocates should participate in development of interagency agreements under § 33-1-308 to assure consideration of the needs and problems of children and families; and (6) Service providers should achieve smooth transitions in services and supports as children grow through various stages of development and become vested in making decisions for themselves, including the transition into adulthood. Amended by 2024 Tenn. Acts, ch. 688,s 92, eff. 7/1/2024. Acts 2000, ch. 947, § 1.
(a) Services for children who have mental illness or serious emotional disturbance are governed by all of this title. The general assembly finds that supporting families in their role as primary care givers for their children is more humane, efficient, and cost effective than placing children in state custody to obtain necessary services or otherwise placing children in settings outside their homes.
(b) For children covered by this title, the following service principles are fundamental to carrying out the responsibilities of service providers and advocates: (1) Families and children are most responsible for determining their needs and should be included appropriately in planning and providing service and support; (2) Families should receive the support they need to care for their children at home; (3) Service providers and advocates should enable families and children to make good decisions concerning necessary, desirable, and appropriate services; (4) Service providers should coordinate services among agencies likely to provide services and supports to children and families; (5) Service providers and advocates should participate in development of interagency agreements under § 33-1-308 to assure consideration of the needs and problems of children and families; and (6) Service providers should achieve smooth transitions in services and supports as children grow through various stages of development and become vested in making decisions for themselves, including the transition into adulthood.
(1) Families and children are most responsible for determining their needs and should be included appropriately in planning and providing service and support;
(2) Families should receive the support they need to care for their children at home;
(3) Service providers and advocates should enable families and children to make good decisions concerning necessary, desirable, and appropriate services;
(4) Service providers should coordinate services among agencies likely to provide services and supports to children and families;
(5) Service providers and advocates should participate in development of interagency agreements under § 33-1-308 to assure consideration of the needs and problems of children and families; and
(6) Service providers should achieve smooth transitions in services and supports as children grow through various stages of development and become vested in making decisions for themselves, including the transition into adulthood.
Amended by 2024 Tenn. Acts, ch. 688,s 92, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
Tenn. Code Ann. § 33-10-102 — TN Code / Title 33 / Chapter 10 / Section 33-10-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Alcohol abuse" means a condition characterized by the continuous or episodic use of alcohol that results in social impairment, vocational impairment, psychological dependence or pathological patterns of use; (2) "Alcoholism" means alcohol abuse that results in the development of tolerance or manifestation of alcohol abstinence syndrome upon cessation of use; (3) "Drug abuse" means a condition characterized by the continuous or episodic use of a drug or drugs that results in social impairment, vocational impairment, psychological dependence or pathological patterns of use; (4) "Drug dependence" means drug abuse that results in the development of tolerance or manifestations of drug abstinence syndrome upon cessation of use; (5) "Indigent person" means a person whose income or resources are determined to be insufficient to pay for needed alcohol and drug abuse services as determined by the department; (6) "Maintenance" means the cost of all institutional and professional services received by a patient or resident; (7) "Resident of Tennessee" means an individual who has lived continuously in Tennessee for a period of sixty (60) days and who has not acquired residence in another state by living continuously in another state for at least sixty (60) days subsequent to residing in Tennessee. Time spent in a public institution for the care of the mentally ill or on leave of absence from the institution, shall not be counted in determining the question of residence in Tennessee or in another state; and (8) "Treatment resource" means any public or private facility, service, or program providing treatment or rehabilitation services for alcohol and drug dependence, mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, licensed hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers. This does not include any entity otherwise licensed by the department of health. Amended by 2024 Tenn. Acts, ch. 688,s 97, eff. 7/1/2024. Acts 1993, ch. 234, § 2; 2000, ch. 947, § 6; 2009 , ch. 186, § 16; T.C.A. § 68-24-102 ; Acts 2010 , ch. 734, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Alcohol abuse" means a condition characterized by the continuous or episodic use of alcohol that results in social impairment, vocational impairment, psychological dependence or pathological patterns of use;
(2) "Alcoholism" means alcohol abuse that results in the development of tolerance or manifestation of alcohol abstinence syndrome upon cessation of use;
(3) "Drug abuse" means a condition characterized by the continuous or episodic use of a drug or drugs that results in social impairment, vocational impairment, psychological dependence or pathological patterns of use;
(4) "Drug dependence" means drug abuse that results in the development of tolerance or manifestations of drug abstinence syndrome upon cessation of use;
(5) "Indigent person" means a person whose income or resources are determined to be insufficient to pay for needed alcohol and drug abuse services as determined by the department;
(6) "Maintenance" means the cost of all institutional and professional services received by a patient or resident;
(7) "Resident of Tennessee" means an individual who has lived continuously in Tennessee for a period of sixty (60) days and who has not acquired residence in another state by living continuously in another state for at least sixty (60) days subsequent to residing in Tennessee. Time spent in a public institution for the care of the mentally ill or on leave of absence from the institution, shall not be counted in determining the question of residence in Tennessee or in another state; and
(8) "Treatment resource" means any public or private facility, service, or program providing treatment or rehabilitation services for alcohol and drug dependence, mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, licensed hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers. This does not include any entity otherwise licensed by the department of health.
Amended by 2024 Tenn. Acts, ch. 688,s 97, eff. 7/1/2024.
Acts 1993, ch. 234, § 2; 2000, ch. 947, § 6; 2009 , ch. 186, § 16; T.C.A. § 68-24-102 ; Acts 2010 , ch. 734, § 1.
Tenn. Code Ann. § 33-5-602 — TN Code / Title 33 / Chapter 5 / Section 33-5-602
[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. § 33-6-202 — TN Code / Title 33 / Chapter 6 / Section 33-6-202
Admission upon finding of need for hospitalization
Status: in_force

Upon application, if an examination by an admitting physician determines the need for hospitalization, the chief officer of a public hospital shall admit and the chief officer of a private hospital or treatment resource may admit the person. If the service recipient is a child, the chief officer shall notify the child's parent, legal guardian or legal custodian of the admission. Admission is subject to the availability of suitable accommodations. Acts 2000, ch. 947, § 1.
Upon application, if an examination by an admitting physician determines the need for hospitalization, the chief officer of a public hospital shall admit and the chief officer of a private hospital or treatment resource may admit the person. If the service recipient is a child, the chief officer shall notify the child's parent, legal guardian or legal custodian of the admission. Admission is subject to the availability of suitable accommodations.
Acts 2000, ch. 947, § 1.