2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-406 - Transportation of detainee to treatment facility

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