2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 3 - TRANSFERS (§§ 52-3-301 — 52-3-302) › Section 52-3-301 - Transfer of residential persons supported between facilities

(a)
The commissioner may authorize the transfer of a person in a facility of the department to another department facility or to a private facility under this section. The commissioner shall give due consideration to the relationship of the person to family, guardian, conservator, and friends so as to maintain relationships and encourage visitation beneficial to the person. If a person whose transfer is authorized has been admitted or committed by court order, then a certified copy of the court order must be sent to the facility to which the person is transferred.
(b)
(1)
If the commissioner determines that a person could more properly be cared for and treated in a facility other than the one in which the person is an admitted person supported and that the transfer is in the person's best interest, then the commissioner may authorize the person to be transferred for an indefinite period to another facility. The person may be transferred to a secure facility, only if, in addition, the commissioner determines that the person is substantially likely to injure the person or others if not treated in a secure facility.
(2)
Before a transfer is authorized, the person must be given a physical examination by a licensed physician and a mental assessment and evaluation by a qualified mental health professional, and complete written reports of the examination, assessment, and evaluation must be forwarded to the commissioner by the facility that recommends the transfer. The reports and the recommendation must each include a certificate of need that the transfer is in the person's best interests and a statement of the reasons for the conclusion.
(3)
Upon recommending transfer, the department shall immediately give personal notice of the recommendation by telephone or otherwise to the person's spouse, parent, adult child, or legal guardian, as appropriate; the person's conservator, if any; and the person supported. A person must not be transferred less than twenty-four (24) hours after the notices required by this subdivision (b)(3) have been given, unless the person's spouse, parent, adult child, or legal guardian or conservator, if any, has agreed to the transfer or unless a diligent attempt to give notice is unsuccessful.
(4)
The commissioner, upon authorizing transfer, shall immediately give written notice of the decision to the person's spouse, parent, adult child, or legal representative, as appropriate; the person's conservator, if any; the committing court, if any; and the person supported. The person may then be transferred immediately.
(c)
(1)
(A)
The commissioner may authorize the person to be transferred immediately to another department facility if the commissioner determines, upon the recommendation of the facility requesting a transfer, that:
(i)
The person requires emergency care and treatment that cannot be provided by the transferring facility; and
(ii)
The transfer is in the person's best interest.
(B)
The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure such person or others if not treated in a secure facility.
(2)
If the commissioner approves the emergency transfer, then the commissioner must notify both the transferring and receiving facilities. The transferring facility shall then have the person transferred immediately. A bed must remain open at the transferring facility for seventy-two (72) hours after the transfer for the readmission of the person.
(3)
Within seventy-two (72) hours after the transfer, the receiving facility shall determine whether the transfer was appropriate. If the facility determines that the transfer was not appropriate, then the receiving facility must return the person to the transferring facility. If the facility determines that the transfer was appropriate, then the facility must immediately give the person written notice of the decision.
(4)
The transfer must not exceed thirty (30) days, after which the receiving facility must return the person to the facility from which the person came.
(5)
If the receiving facility determines that the person requires treatment beyond the thirty-day period, then the facility must notify the person in writing and apply for indeterminate transfer under subsection (b). The person shall remain in the receiving facility unless the commissioner denies the application for transfer. If the commissioner denies the application, then the receiving facility must have the person transferred to the transferring facility immediately.
(d)
A person may be transferred from a state facility to a licensed private facility or from a licensed private facility to a state facility, upon proper application, approval of the transferring and receiving facilities, and written notice to the committing court, if the person is committed. Once transferred, the person is lawfully admitted to the receiving facility, and the facility may retain the person under the authority of the admission or order applicable to the facility from which the person was transferred.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.