reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-303 - Powers of commissioner

The commissioner may:
(1)
Select and recommend to the appropriate state officials the employment of the chief officers of all facilities of the department, all central office personnel, and all professional, technical and other personnel required for the operation of the department;
(2)
Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department;
(3)
Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with mental illness or serious emotional disturbance;
(4)
Publish a report on the operation of the department and the facilities and programs under its supervision and the department's three-year plan; furnish the report and plan to the governor and members of the general assembly; and further distribute them as the commissioner, with the approval of the governor, may consider proper;
(5)
Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults and mental health service recipients and make the compilations available in print and on the internet;
(6)
Prescribe and distribute the forms to be used in connection with the admission, hospitalization or release of service recipients in the department's facilities;
(7)
Alter the department's facilities and grounds and name them;
(8)
Order the transfer of service recipients between state facilities;
(9)
Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by service recipients and others that are alleged to arise out of acts of omission or commission of those personnel;
(10)
Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department; and
(11)
Assume general responsibility for the proper and efficient operation of the department, its facilities, services and supports.
Amended by 2024 Tenn. Acts, ch. 688,s 17, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 16, eff. 7/1/2024.
Acts 1965, ch. 82, §§ 4, 7; 1974, ch. 802, §§ 4, 7; 1975, ch. 248, § 1; T.C.A., §§ 33-104, 33-107; Acts 1990, ch. 1024, § 17; 1992, ch. 991, § 12; T.C.A., §
33-1-203
, former §
33-1-303
; Acts 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-304 - Duties of commissioner

The commissioner shall:
(1)
Based on best practice and research, assess the needs of service recipients and potential service recipients throughout the state, plan for a system to meet the needs, set standards for services and supports for service recipients, promote the development of services and supports for service recipients in a community-based, family-oriented system, perform the department's duties, and achieve the department's goals;
(2)
Collaborate with all relevant state agencies to coordinate the administration of state programs and policies that directly affect service recipients with respect to treatment, habilitation and education;
(3)
Advise the governor, general assembly, state, local, and private agencies, and the public in matters affecting service recipients, and advocate meeting their needs; and
(4)
Notwithstanding any law to the contrary, assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state.
Acts 2000, ch. 947, § 1; 2008, ch. 1062, § 2.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-305 - Power of commissioner to adopt rules, prescribe forms and investigate complaints

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.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-306 - Designation of administrative law judges or hearing officers

The commissioner may designate employees as administrative law judges or hearing officers to conduct contested case hearings when cases are required to be held under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for admission review hearings for admission to department facilities.
Acts 1984, ch. 922, § 1; T.C.A. § 33-1-206; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-307 - Departmental information systems - Report

(a)
The department shall establish a structured information system to gather all data necessary to carry out its duties with respect to planning, needs assessment, standard setting, evaluation, and promotion of the development of services and supports for the service recipient population, including persons who may become service recipients. The department shall design the system to avoid duplication of information gathering by other public agencies and to minimize acquisition of personally identifiable service recipient information. All public and private providers who serve persons with mental illness or serious emotional disturbance, regardless of whether the provider is licensed under this title or other titles of the code or is unlicensed, shall provide the information required for the information system in a way consistent with this title and other laws.
(b)
Beginning in 2024, the department shall submit to the members of the general assembly, by February 15 of each year, a report of data collected related to the use of medication-assisted treatment for opiate addiction by department-funded providers in this state for the prior fiscal year. The report must include information on:
(1)
The use of medication-assisted treatment in department-administered recovery courts; and
(2)
Medication-assisted treatment paid for with grant dollars, direct or indirect appropriations, and expenditures of state and federal dollars.
Amended by 2024 Tenn. Acts, ch. 688,s 18, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 846, s 1, eff. 4/20/2022.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-308 - Interagency agreements

(a)
(1)
The commissioner shall initiate the development of and enter into interagency agreements on services and supports for children in coordination with the council on children's mental health care, adults, and the elderly to:
(A)
Assure accountability for services and supports across all agencies providing services and supports for a person or family whose service is covered by this title;
(B)
Clarify responsibilities for the department's service system;
(C)
Promote problem resolution at the local levels;
(D)
Promote interagency service needs assessment and planning;
(E)
Provide a vehicle for interagency policy development without interfering with agency independence;
(F)
Promote creation and maintenance of coordinated service systems for service recipients and families;
(G)
Provide for interrelated service planning across agency lines;
(H)
Promote inclusion of mental health issues in crisis and disaster planning; and
(I)
Enhance the efficiency and effectiveness of expenditure of public funds.
(2)
All state agencies shall cooperate with the department in the development of the agreements.
(b)
The agreements shall include, without limitation: the intersection of services and supports among all state agencies that have any responsibility for mental health, alcohol dependence, drug dependence, education, health, social services, housing, transportation, employment, justice, habilitation, rehabilitation, correction, or public funding of services and supports; transition between services to different age groups; information sharing, including records, data, and service; and interagency training.
(c)
Interagency agreements should include at least the following elements:
(1)
Goals and the expected outcomes against which progress will be measured;
(2)
Eligible populations;
(3)
Role responsibilities;
(4)
Covered services and supports;
(5)
Procedures for coordination, including local level implementation procedures;
(6)
Joint monitoring;
(7)
Data sharing; and
(8)
How conflict resolution will be achieved.
(d)
The commissioner may initiate the development of and enter into similar interagency agreements with local government agencies.
Amended by 2024 Tenn. Acts, ch. 688,s 20, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 19, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2008 , ch. 1062, § 4.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-309 - Adoption of rules

The department shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2024 Tenn. Acts, ch. 688,s 21, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 576, s 1, eff. 5/27/2021.
Acts 2000, ch. 947, § 1; 2001, ch. 337, § 1; 2006, ch. 761, § 2; 2007 , ch. 499, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 29; 2011 , ch. 158, § 13.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-310 - Power to assume temporary control of facility in event of emergency

If the department determines that an emergency substantially impairs a service provider agency's capacity to provide service to its service recipients and jeopardizes the health or safety of its service recipients, the department may assume temporary operating responsibility for the agency to assure continuity of care and the health and safety of the service recipients.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-311 - Development of interagency projects and programs

The department shall involve the council on children's mental health care in the development of interagency projects and programs, whether state or federally funded, related to children's mental health care, except where otherwise prohibited by state or federal law.
Acts 2008, ch. 1062, § 3.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-312 - Funding for the development of substance use disorder treatment for pregnant women and women with children - Reporting requirements

(a)
The department of mental health and substance abuse services, department of human services, department of children's services, department of health, and bureau of TennCare shall actively seek and apply for federal, private, or other available funds, and actively direct available state funds, for the development of recovery programs for residents of this state who are pregnant or are women with children to assist those residents by providing substance use disorder treatment and wrap-around services to support life skills development in outpatient treatment facilities, in residential treatment facilities, or through home visitation programs.
(b)
The entities described in subsection (a) shall:
(1)
Coordinate wrap-around services that would assist the residents described in subsection (a); and
(2)
Report by February 15 each year to the speaker of the house of representatives and the speaker of the senate on funds an entity applied for pursuant to subsection (a), recommendations for changes to statutes or rules to develop recovery programs as described in subsection (a), and benefits realized from recovery programs as described in subsection (a). The report required by this subdivision (b)(2) may be made in conjunction with other reports required by law.
Acts 2021, ch. 197, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 4 - STATEWIDE PLANNING AND POLICY COUNCIL (§§ 33-1-401 — 33-1-402) › Section 33-1-402 - Duties of council

(a)
The statewide planning and policy council shall advise the commissioner of mental health and substance abuse services as to plans and policies to be followed in the service systems and the operation of the department of mental health and substance abuse services programs and facilities, recommend to the general assembly legislation and appropriations for the programs and facilities, advocate for and publicize the recommendations, and publicize generally the situation and needs of persons with mental illness, or serious emotional disturbance and their families.
(b)
The statewide planning and policy council shall especially attend to:
(1)
Identification of common areas of concern to be addressed by the service areas;
(2)
The needs of service recipients who are children or elderly and of service recipients with combinations of mental illness, serious emotional disturbance, or alcohol or drug abuse or dependence;
(3)
Evaluation of needs assessment, service, and budget proposals;
(4)
Reconciliation of policy issues among the service areas; and
(5)
Annual review of the adequacy of this title to support the service systems.
(c)
The statewide planning and policy council, in conjunction with the commissioner of mental health and substance abuse services, shall report annually to the governor on the service systems, including programs, services, supports, and facilities of the department of mental health and substance abuse services, and may furnish copies of the reports to the general assembly with recommendations for legislation. The statewide planning and policy council may make other reports to the governor and to the general assembly as the council deems necessary. The commissioner of mental health and substance abuse services shall make the reports available to the public, including on the internet and by other appropriate methods.
Acts 2000, ch. 947, § 1; 2010 , ch. 1100, § 31; 2012 , ch. 575, §§ 1, 2.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 1 - COMMUNITY SERVICE SYSTEM (§§ 33-2-101 — 33-2-106) › Section 33-2-101 - Services and support to be community-based system

The department shall plan, coordinate, administer, monitor, and evaluate state and federally funded services and supports as a community-based system within the total system of services and supports for persons with mental illness or serious emotional disturbance, or at risk for those conditions and for their families. All functions shall be carried out in consultation and collaboration with current or former service recipients, their families, guardians or conservators, service recipient advocates, service providers, agencies, and other affected persons and organizations.
Amended by 2024 Tenn. Acts, ch. 688,s 22, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 1 - COMMUNITY SERVICE SYSTEM (§§ 33-2-101 — 33-2-106) › Section 33-2-102 - Goals and purposes of mental health care system

(a)
Within the limits of available resources, it is the goal of the state to develop and maintain a system of care that provides a comprehensive array of quality prevention, early intervention, treatment, habilitation and rehabilitation services and supports that are geographically available, equitably and efficiently allocated statewide, allowing people to be in their own communities in settings, based on the needs and choices of individuals and families served.
(b)
The state's purposes are to:
(1)
Establish and sustain a broad range and scope of flexible services and supports across the domains of residential living, working, learning, community participation, and family support, including crisis, respite and other emergency services, that help service recipients maintain respected and active positions in the community; and
(2)
Promote the early identification of children with mental illness or serious emotional disturbance to assure they receive services and supports appropriate to their changing needs.
(c)
The general assembly finds as facts that the needs of persons with mental illness or serious emotional disturbance cannot be met by the department in isolation and that those persons need to receive services and supports that are integrated, have linkages between and among other human service agencies and programs, and have mechanisms for planning, developing, coordinating, and monitoring services and supports to meet their needs.
Amended by 2024 Tenn. Acts, ch. 688,s 24, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 23, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 1 - COMMUNITY SERVICE SYSTEM (§§ 33-2-101 — 33-2-106) › Section 33-2-103 - Requirements for community-based systems

The state will accomplish its purposes through community-based systems that provide:
(1)
Access to services and supports that are individualized to the capacities, needs and values of each person;
(2)
Accountability of services and supports through statewide standards for monitoring, reporting, and evaluating information;
(3)
At least basic quality standards for service delivery;
(4)
Priorities for the use of available resources;
(5)
Coordination of services and supports within the department, among other state agencies, and other public and private service providers aimed at reducing duplication in service delivery and promoting complementary services and supports among all relevant entities;
(6)
Conflict resolution procedures; and
(7)
Extensive involvement of service recipients, families, and advocates.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 1 - COMMUNITY SERVICE SYSTEM (§§ 33-2-101 — 33-2-106) › Section 33-2-104 - Core values of service system

The core values of the service system shall include:
(1)
The system of care is person-centered and family-focused, with the needs and choices of the individual and family, as appropriate, determining the types and mix of services and supports provided, because, to make good decisions, service recipients and their families need complete information about the availability, alternatives, and costs of services and supports, how the decision-making process works, and how to participate in that process;
(2)
The system of care provides individualized services and supports based on an individualized service plan that is comprehensive, coordinated, age appropriate, provides smooth transition through life stages, involves families as appropriate, and is developed by qualified professionals in consultation with service recipients and family members as appropriate;
(3)
The system of care is community-based and provides for service in the least restrictive, most appropriate setting;
(4)
The system of care is culturally competent with agencies, programs, services, and supports that are responsive to the cultural, racial, and ethnic differences of the populations they serve;
(5)
The system of care takes into account the safety and health of service recipients, while respecting their choices and protecting their rights, including their right to be free from abuse, neglect, and exploitation; and
(6)
The system of care is continuously improved based on research and best practices.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 1 - COMMUNITY SERVICE SYSTEM (§§ 33-2-101 — 33-2-106) › Section 33-2-105 - Geographic area for service systems - Designation of information sources

The department shall establish areas for planning and resource allocation. The department shall define geographically dispersed and accessible points of access to service systems and designate providers or mechanisms to provide information and referral for services and supports and for eligibility decisions.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 1 - COMMUNITY SERVICE SYSTEM (§§ 33-2-101 — 33-2-106) › Section 33-2-106 - Legislative intent - Alleviation of geographical disparities

(a)
It is the intent of the general assembly that the system of care developed to reflect §
33-2-102
provides a comprehensive array of services and supports that are geographically available, equitably and efficiently allocated statewide and in each grand division of the state, that allows people to be in their own community settings, based on the needs and choices of individuals and families served. Services and supports provided to persons generally and as part of the medical assistance program, pursuant to title 71, chapter 5, shall seek to alleviate geographic service and support disparities across the state and its grand divisions. In striving to alleviate the geographic disparities, the state should seek to allocate budget improvements and other new resources in a manner that promotes equitable distribution of services and supports among the grand divisions of the state.
(b)
In order to implement subsection (a), the state shall strive to avoid gaps in services and endeavor to achieve a delivery system that ensures that services are available to service recipients on a substantially equitable basis, regardless of place of residence within the state. To that end, the commissioner of finance and administration shall report to the health and welfare committee of the senate and the health committee of the house of representatives, no later than January 15, 2008, and annually thereafter, on the following indicators of equity in the service delivery system:
(1)
The extent to which special services and programs such as programs for assertive community treatment (PACT), crisis stabilization units, resiliency and recovery programs, etc. are available on a substantially equitable basis throughout the state;
(2)
The extent to which psychiatric and medical services of the same level, intensity, and duration are available on a substantially equitable basis throughout the state; and
(3)
The extent to which rates of service utilization by service recipients are substantially equitable throughout the state.
Amended by 2013 Tenn. Acts, ch. 236, s 50, eff. 4/19/2013.
Acts 2007 , ch. 429, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 2 - SERVICE SYSTEM ASSESSMENT AND PLANNING (§§ 33-2-201 — 33-2-203) › Section 33-2-201 - Three-year plan for services and supports - Annual budget request

(a)
The department, on the basis of the statewide planning and policy council's recommendations, shall prepare and maintain on a continuing basis a three-year plan for all mental health services and supports for the state, including services and supports provided or funded by private service providers of all kinds. The department shall revise the plan annually on the basis of its assessment of the public's need for mental health services and supports.
(b)
The department shall base its annual budget request to the governor on that part of the three-year plan that the department proposes to be implemented with public funds during the budget year. The department shall report all service objectives and outcomes annually as a part of its three-year plan on which the budget is based.
Acts 2000, ch. 947, § 1; 2010, ch. 1100, § 33.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 2 - SERVICE SYSTEM ASSESSMENT AND PLANNING (§§ 33-2-201 — 33-2-203) › Section 33-2-202 - Developmental disabilities planning and policy, mental health planning and policy, and regional planning and policy councils established

The department shall establish a state mental health planning and policy council, a regional citizen-based planning council, and policy councils composed of service recipients, family members of service recipients, service recipient advocates for children, adults, and the elderly, service providers, and other affected persons and organizations for the department's service areas. The councils shall:
(1)
Advise the statewide planning and policy council on the three-year plan, including the desirable array of prevention, early intervention, treatment, and habilitation services and supports for service recipients and their families, and such other matters as the commissioner or the statewide planning and policy council may request; and
(2)
Provide information and advice to the department on policy, formulation of budget requests, and development and evaluation of services and supports.
Amended by 2024 Tenn. Acts, ch. 688,s 25, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 2 - SERVICE SYSTEM ASSESSMENT AND PLANNING (§§ 33-2-201 — 33-2-203) › Section 33-2-203 - Councils - Purpose - Membership

(a)
The councils are to provide citizen participation in policy planning and shall be representative of service recipients and their families, service recipient advocates for children, adults, and the elderly, service providers, agencies, and other affected persons and organizations. At least a majority of each council's membership shall consist of current or former service recipients and members of service recipient families.
(b)
Notwithstanding subsection (a), the regional citizen-based planning and policy councils established by the department of mental health and substance abuse services shall strive to ensure that at least a majority of each council's membership consists of current or former service recipients and members of service recipient families.
Amended by 2021 Tenn. Acts, ch. 62, s 4, eff. 3/29/2021.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 3 - SETTING SERVICE STANDARDS (§§ 33-2-301 — 33-2-303) › Section 33-2-301 - Basic quality standards for services and supports

(a)
The department shall set basic quality standards for services and supports to all persons served on the basis of mental illness or serious emotional disturbance regardless of whether they are served by the department, the department's contractors, private service providers, other state or local public agencies, agencies licensed by the department, or private service providers that are not licensed under this title and regardless of whether the service recipients are in the custody of state or local government.
(b)
Basic quality standards shall be the same for all service recipients regardless of where they are served and by whom they are served. Basic quality standards may vary according to the ages of the service recipients to assure appropriate service for children, adults, and the elderly.
Amended by 2024 Tenn. Acts, ch. 688,s 26, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 3 - SETTING SERVICE STANDARDS (§§ 33-2-301 — 33-2-303) › Section 33-2-302 - Regulation of compliance

The department shall regulate compliance with basic quality standards to the extent otherwise authorized by this title. The department may monitor compliance with basic quality standards in all settings, including those over which it does not have regulatory authority. The department may monitor by inspections conducted by other state agencies as part of their regular duties.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 3 - SETTING SERVICE STANDARDS (§§ 33-2-301 — 33-2-303) › Section 33-2-303 - Contracting for higher standards authorized

The department may contract for higher performance standards than the basic quality standards or licensure standards.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-401 - Short title

This part shall be known and may be cited as the "Mental Health, Alcohol and Drug Abuse Prevention and/or Treatment, and Personal Support Services Licensure Law."
Amended by 2024 Tenn. Acts, ch. 688,s 27, eff. 7/1/2024.
Acts 1978, ch. 853, § 1; T.C.A., §§ 33-1801, 33-2-501; Acts 2000, ch. 947, § 1; 2001, ch. 282, § 2; 2012 , ch. 1010, § 2.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-404 - Rules for licensure - Amendment of rules

(a)
The department shall adopt rules for licensure of services and facilities regarding adequacy of services, qualification of professional staff, and facility conditions. The department shall require for licensure satisfaction of basic quality standards set under part 3 of this chapter, as applicable, and may require higher standards. The rules shall include consideration of the adequacy of environment, life safety, treatment or habilitation services, education and training requirements of the staff, and other considerations that the department deems necessary to determine the adequacy of the provision of mental health and alcohol and drug abuse prevention and/or treatment services. The department may adopt rules for the administration of the licensure program.
(b)
Notwithstanding any law to the contrary, each department shall have the authority to amend its rules for licensure as needed to be consistent with the federal home-based and community-based settings final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014), including the authority to differentiate licensure requirements for any entity contracted to provide medicaid-reimbursed home- and community-based services in order to allow the facility or entity to comply with the federal rule and continue to receive medicaid reimbursement for home- and community-based services. Rules adopted by the department under this subsection (b) shall be developed with input from stakeholders and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the department shall not promulgate emergency rules under this subsection (b) as defined in §
4-5-208
. Licensure survey and enforcement shall be conducted in a manner consistent with any rule issued under this subsection (b).
Amended by 2024 Tenn. Acts, ch. 688,s 41, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 40, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 40, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 40, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 153, s 1, eff. 4/17/2015.
Acts 1978, ch. 853, § 4; T.C.A., § 33-1804; Acts 1985, ch. 437, § 5; 1993, ch. 234, § 24; T.C.A., § 33-2-504; Acts 2000, ch. 947, § 1; 2012 , ch. 1010, § 7.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-405 - Operation of unlicensed facility unlawful - Penalty

(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.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-408 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 44, eff. 7/1/2024.
Acts 2001, ch. 299, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 32; 2011 , ch. 158, § 15.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-409 - Amount of civil penalties

(a)
A civil penalty of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) may be imposed on a licensee for a violation of a statute or rule.
(b)
A civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) may be imposed on a licensee for a second or subsequent violation of the same kind committed within twelve (12) months of the first penalty being imposed.
Acts 2000, ch. 947, § 1; T.C.A. §
33-2-408
; Acts 2001, ch. 299, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-410 - Service recipient protection trust fund

(a)
The commissioner shall establish and maintain a service recipient protection trust fund, created by the deposit of all civil penalty moneys collected under this part.
(b)
The trust fund shall be maintained for the purpose of protecting the service recipients of a facility or service, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, or contractual standards threatens the service recipients' care or property or the facility's or service's continued operation.
(c)
Notwithstanding any law to the contrary, trust funds remaining unspent at the end of the fiscal year shall be carried over into the budget of the department for the subsequent fiscal year, and shall continue to be carried over from year to year until expended for the purposes prescribed in this section.
Acts 2000, ch. 947, § 1; T.C.A. §
33-2-409
; Acts 2001, ch. 299, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-411 - Surveyor to notify licensee of violations

If a licensure surveyor finds a violation of a statute or rule that may be a ground for a civil penalty, the surveyor shall advise the licensee of the finding orally before concluding the survey.
Acts 2000, ch. 947, § 1; T.C.A. §
33-2-410
; Acts 2001, ch. 299, § 1; 2004, ch. 565, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-412 - Suit to enjoin services rendered without license or under suspended or revoked license

(a)
The department may sue to enjoin any person, partnership, association or corporation from establishing, conducting, managing or operating any service or facility providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services within the meaning of this part without having obtained a license or while its license has been suspended or revoked. Suit may be brought in the name of the state by the attorney general and reporter in the chancery court of Davidson County or by legal counsel for the department in the chancery court of the county in which all or part of the violations occurred.
(b)
In charging any defendant in a complaint for injunction, it shall be sufficient to charge that the defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a service or facility providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services or that the defendant is about to do so without having a license, without averring any further or more particular facts concerning the case.
Amended by 2024 Tenn. Acts, ch. 688,s 45, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 45, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 45, eff. 7/1/2024.
Acts 1978, ch. 853, § 8; 1981, ch. 436, § 5; T.C.A., § 33-1808; Acts 1988, ch. 828, § 8; 1993, ch. 234, § 26; T.C.A., § 33-2-508; Acts 2000, ch. 947, § 1; T.C.A. §
33-2-411
; Acts 2001, ch. 282, § 6; 2001, ch. 299, § 1; 2012 , ch. 1010, § 10.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-413 - Inspections of facilities

(a)
The department shall make at least one (1) unannounced life safety and environmental inspection of each licensed service or facility yearly. The department shall inspect for quality standards all licensees that contract with the department as part of its contract monitoring. The department shall inspect for quality standards all licensees that do not contract with the department. The department may deem a service or facility in compliance without inspection if the service or facility meets another government agency's certification or accreditation requirements provided for in rules of the department.
(b)
With or without giving notice, the department may enter the premises and inspect any applicant or licensee when a complaint is filed with the department against the applicant or licensee or when the department otherwise deems inspection in the interest of service recipients. Inspection may include review of physical plant, program, activities, and applicant or licensee records.
(c)
The department may charge a fee for any service or facility inspection in an amount not to exceed fifty dollars ($50.00).
(d)
If the department finds noncompliance with life safety or food service standards relating to non-life threatening issues, the department shall refer the findings to the state or local agency responsible for life safety or food service inspection for reinspection or review in accordance with life safety or food service standards. The department will accept the state or local agency's determination.
(e)
The department shall, to the extent practicable, coordinate life safety inspections to avoid duplication without good cause in the same calendar year by other government agencies that apply substantially the same standards.
(f)
The department shall include in its annual inspection of each hospital licensed under this title a determination of the hospital's compliance with the reporting requirements of §
33-3-117
. The hospital must document its compliance with a record of its communication with local law enforcement with respect to the commitments. A hospital's failure to comply with the reporting requirements shall subject the hospital to civil penalties or other action against the hospital's license under §
33-2-407
.
Amended by 2018 Tenn. Acts, ch. 1015, s 1, eff. 7/1/2018.
Acts 1978, ch. 853, § 9; 1983, ch. 323, §§ 28, 29; T.C.A., § 33-1809; Acts 1989, ch. 559, § 4; T.C.A., § 33-2-509; Acts 2000, ch. 947, § 1; T.C.A. §
33-2-412
; Acts 2001, ch. 299, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-414 - Departmental assistance to applicants and to service recipients affected by license denial, suspension or revocation

The department may provide assistance to applicants for a license under this part. The department shall provide assistance in placing service recipients who are adversely affected by denial, suspension, or revocation of a license under this part.
Acts 1978, ch. 853, § 11; T.C.A., §§ 33-1810; 33-2-510; Acts 2000, ch. 947, § 1; T.C.A. §
33-2-413
; Acts 2001, ch. 299, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 4 - MENTAL HEALTH, ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT, INTELLECTUAL AND DEVELOPMENTAL (§§ 33-2-401 — 33-2-425) › Section 33-2-415 - Provisional licenses

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