reglab/housing_qa huggingface dataset:
TN Code § 33-3-113 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-113. Request by Recipient to Have Record Amended

  If a service recipient requests amendment of the service recipient's record by revision, deletion, or addition to correct the record, the service provider shall, within ten (10) working days after receiving the request, either make the amendment to assure that service recipient's records do not contain inaccurate, irrelevant, or otherwise inappropriate information or inform the service recipient of its refusal, of the reason for the refusal, and of the procedure, if any, for further internal review of the decision.   If any provider decides that it will not amend the record in accordance with the request, it shall permit the service recipient to file a concise statement of the reasons for the service recipient's disagreement.   If any provider discloses any of the disputed information, it shall clearly note the disputed information and provide a copy of the statement of disagreement. If the provider wishes, it may also provide a concise statement of its reasons for not making the requested amendments.   The service recipient may not personally alter the record.
TN Code § 33-3-114 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-114. Exceptions to Evidentiary Privilege of Mental Health Professionals

 Notwithstanding any evidentiary privilege a qualified mental health professional may have, including §§ 24-1-207, 63-11-213, 63-22-114, and 63-23-109, the qualified mental health professional may be compelled to testify in:   Judicial proceedings under this title to commit a person with mental illness, serious emotional disturbance, or developmental disability to treatment if the qualified mental health professional decides that the service recipient is in need of compulsory care and treatment;   In proceedings for which the qualified mental health professional was ordered by the court to examine the service recipient if the service recipient was advised that communications to the qualified mental health professional would not be privileged;   Judicial proceedings under chapter 8, part 3 of this title; and   Guardianship, conservatorship, and veterans' guardianship proceedings under title 34.
TN Code § 33-3-116 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-116. Penalty for Violation

 A violation of §§ 33-3-103—33-3-115 is a Class C misdemeanor.
TN Code § 33-3-117 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-117. Reporting to Local Law Enforcement by Inpatient Treatment Facility of Involuntary Commitment of Service Recipient

  If a service recipient is involuntarily committed to an inpatient treatment facility under this title, the inpatient treatment facility shall report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment, who shall report the service recipient to the federal bureau of investigation-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with the NICS Improvement Amendments Act of 2007, Public Law 110-180, as enacted and as may be amended in the future.   If an inpatient treatment facility is required to report pursuant to subsection (a), the facility shall report the following information:  Complete name of the person involuntarily committed;   Date involuntary commitment was ordered;   Private or state hospital or treatment resource to which the individual was involuntarily committed;   Date of birth of the person involuntarily committed;   Race and sex of the person involuntarily committed; and   Social security number of the person involuntarily committed if available.     The information in subdivisions (b)(1)-(4), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316, 39-17-1353 and 39-17-1354.
TN Code § 33-3-126 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-126. Right to Religious Expression

 A licensee or provider under this title may not discourage or preclude a service recipient from exercising the right to religious expression and shall inform each service recipient in a residential environment of this right. A licensee or provider of religious service may provide transportation for a service recipient under this section.
TN Code § 33-3-201 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-201. Liability of Counselor for Suicide or Attempted Suicide of Person Counseled

  As used in this section, unless the context otherwise requires:  “Counseling center” means any nonprofit service operated at least partially with volunteer assistance that provides counseling, assistance or guidance, either in person or by telephone, to persons with mental illness or serious emotional disturbance; and   “Counselor” means any psychiatrist, psychologist, licensed psychologist with health service provider designation, certified or licensed marital and family therapist, certified or licensed professional counselor, certified or licensed social worker, or other professional trained in the field of psychiatry or psychology or any nonprofessional person acting under the guidance or supervision of the professionals.     A counselor, while acting within the scope of responsibilities assigned by a counseling center, is not liable civilly or criminally for the suicide or attempted suicide of any person consulting the counselor.
TN Code § 33-3-202 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-202. Director of Not-for-Profit Corporation Providing Service Not Liable for Torts of Recipients

  While acting in good faith, the directors of a not for profit corporation that provides community residential services or supports for persons with mental illness, serious emotional disturbance, or developmental disability shall not be held personally liable for tortious acts committed by the corporation's service recipients.   Subsection (a) does not preclude imposition of personal liability on a director who also acts as a paid officer or employee of the corporation.
TN Code § 33-3-206 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-206. Duty to Predict, Warn or Take Precautions to Provide Protection — Liability

 IF AND ONLY IF   a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of bodily harm against a clearly identified victim, AND   the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so,  THEN    the professional shall take reasonable care to predict, warn of, or take precautions to protect the identified victim from the service recipient's violent behavior.
TN Code § 33-3-207 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-207. Discharge of Duty

 The duty imposed by § 33-3-206 may be discharged by the professional or service provider by:   Informing the clearly identified victim of the threat;   Having the service recipient admitted on a voluntary basis to a hospital;   Taking steps to seek admission of the service recipient to a hospital or treatment resource on an involuntary basis pursuant to chapter 6 of this title; or   Pursuing a course of action consistent with current professional standards that will discharge the duty.
TN Code § 33-3-208 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-208. Duty of Employees Who Transmit or Record Patient Communications

 IF AND ONLY IF   an employee of a service provider is normally responsible for transmitting or recording communications from a service recipient to a qualified mental health professional or behavior analyst, AND   the employee receives a communication from a service recipient of an actual threat of bodily harm against a clearly identified victim,  THEN    the employee shall communicate the threat to the professional employed by the service provider.
TN Code § 33-3-209 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-209. Immunity From Liability Where Duty Satisfied

 If a professional or an employee has satisfied the person's duty under § 33-3-206, § 33-3-208, or § 33-3-210, no monetary liability and no cause of action may arise against the professional, an employee, or any service provider in whose service the duty arose for the professional or employee not predicting, warning of, or taking precautions to provide protection from violent behavior by the person with mental illness, serious emotional disturbance, or developmental disability.
TN Code § 33-3-210 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-210. Reporting to Local Law Enforcement by a Qualified Mental Health Professional or Behavior Analyst of an Actual Threat of Serious Bodily Harm or Death Against an Identifiable Victim

  If a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, who has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, shall immediately report the service recipient to local law enforcement, who shall take appropriate action based upon the information reported.   If a mental health professional or behavior analyst is required to report pursuant to subsection (a), the professional or analyst shall report the following information:  Complete name and all aliases of the service recipient;   Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services;   Date of birth of the service recipient;   Race and sex of the service recipient; and   Social security number of the service recipient if available.     The information in subdivisions (b)(1)-(3), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316, 39-17-1353 and 39-17-1354.
TN Code § 33-3-211 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-211. [reserved.]

 IF    a person has refused to perform any act that is prohibited by or is not lawful under this title, OR   a person has relinquished authority over a service recipient based on a decision by another to whom this title gives express authority to make the decision,  THEN      no monetary liability and no cause of action may arise against the person or the service provider in whose service the person was acting for the conduct.
TN Code § 33-3-218 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-218. Decision Making Capacity of Recipient

 IF    a service recipient, due to intellectual disability or mental impairment related to a developmental disability, is unable to make an informed decision about application for admission to a developmental center under § 33-5-301, request discharge under § 33-5-303, or a routine medical, dental, or mental health treatment, OR   a service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201, requesting discharge under § 33-6-206, inpatient mental health treatment, release of information, or getting information, AND     the incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures,  THEN    the person “lacks capacity” under this title for decision about that matter at this time.
TN Code § 33-3-219 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-219. Surrogate Decision Maker for Medical Decisions — Immunity From Liability

 IF    an adult with developmental disability that is not based solely on a diagnosis of mental illness or serious emotional disturbance does not have a conservator, OR   a child with developmental disability that is not based solely on a diagnosis of mental illness or serious emotional disturbance does not have a parent or legal guardian, AND      a licensed dentist determines that the person lacks capacity to make a decision about a routine dental decision, OR   a licensed psychologist with health service provider designation determines that the person lacks capacity to make a decision about routine mental health treatment, OR   a licensed physician determines that the person lacks capacity to make a decision about routine medical or mental health treatment, AND     the physician, psychologist, or dentist uses the assessment process prescribed by rule under § 33-3-217, AND   the physician, psychologist, or dentist determines that someone is eligible to serve as a surrogate decision maker for the service recipient on the matter in question under § 33-3-220, AND   the service recipient does not reject the proposed surrogate for the decision in any way, AND   the physician, psychologist or dentist provides the surrogate the information necessary to an informed decision,  THEN    the surrogate may decide for the service recipient with respect to the matter in question, AND   the surrogate who acts in good faith, reasonably and without malice in connection with the decision shall be free from all liability, civil or criminal, by reason of the decision.
TN Code § 33-3-220 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-220. Eligibility to Serve as Surrogate Decision Maker

 IF   a physician, psychologist, or dentist reasonably determines that an adult:  knows about a service recipient's developmental disability and condition as it relates to the matter in question,   is actively involved in the service recipient's life,   is willing to make a decision for the service recipient on the matter in question,   appears to be reasonably capable of making the decision and likely to make it objectively in the service recipient's interest,   appears to have no conflict of interest with the service recipient, and   is, in order of descending preference for service as a surrogate:   the service recipient's spouse,   the service recipient's adult child,   the service recipient's parent or stepparent,   the service recipient's adult sibling,   any other adult relative of the service recipient, or   any other adult,    THEN      the adult is eligible to serve as a surrogate decision maker for the service recipient on the matter in question under §§ 33-3-219 — 33-3-221.
TN Code § 33-3-221 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 2 - Special Liability Rules|§ 33-3-221. Immunity of Medical Professional Acting in Accordance With Decision of Surrogate Decision Maker

 IF   the physician, psychologist, or dentist knows of no family member, of the same or higher order of preference as the surrogate under § 33-3-220(1)(F), who objects to the surrogate's decision, AND   the proposed treatment is not solely for behavior control of a service recipient,  THEN    the physician, psychologist, or dentist may act on the surrogate's decision as if the service recipient had the capacity to consent and had consented personally, AND   the physician, psychologist, or dentist who acts in accord with and in good faith reliance on the surrogate's decision is not subject to criminal prosecution, civil liability, or professional disciplinary action based on a subsequent finding of the invalidity of the surrogate's decision.
TN Code § 33-3-302 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 3 - Transfers of Residential Service Recipients|§ 33-3-302. Transfer to Veterans' Administration Facilities

 Upon receipt of a certificate of the veterans' administration that facilities are available for the care or treatment of a person ordered hospitalized pursuant to chapter 6, part 5 of this title, in any hospital for the care or treatment of persons with mental illness or serious emotional disturbance and that the person is eligible for care or treatment in a veterans' hospital or facility of the agency located in this state, the commissioner may cause the person's transfer to the veterans' hospital or facility of the United States for hospitalization in this state. No person shall be transferred to a veterans' hospital or facility of the United States if the person is confined based on conviction of a criminal offense, or if the person has been acquitted of the charge solely on the ground of mental illness, unless prior to the transfer, the court originally ordering confinement of the person enters an order for the transfer after appropriate motion and hearing. A person transferred to a veterans' hospital or facility shall be considered to be hospitalized by the veterans' administration of the United States under the original order of hospitalization.
TN Code § 33-3-303 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 3 - Transfers of Residential Service Recipients|§ 33-3-303. Transfer of Nonresident

  The commissioner may provide for and authorize the transportation and transfer from this state to the service recipient's state of residence of a person with mental illness, serious emotional disturbance, or developmental disability who is a resident of a state not party to the Interstate Compact on Mental Health, codified in §  33-9-201, if the nonparty state has reciprocal statutes conferring similar authority and if the service recipient meets the applicable standards for service under this title other than any requirement of being a state resident.    Subject to the availability of suitable accommodations, a nonresident person with mental illness, serious emotional disturbance, or developmental disability may be hospitalized or admitted under this title for observation, diagnosis and treatment, but in no case for a period longer than thirty (30) days, pending transfer to the state of residence.   However, the commissioner may designate certain nonresident persons with mental illness, serious emotional disturbance, or developmental disabilities, not to exceed a total of one hundred (100), as “commissioner's service recipients,” who because of their nonresident status in Tennessee are not entitled to hospitalization or admission in this state, but who, having families residing in the state, may be eligible for psychiatric hospitalization or admission, care and treatment for compassionate reasons.