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 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 12 - PERSONNEL AND VOLUNTEERS (§§ 33-2-1201 — 33-2-1205) › Section 33-2-1205 - Annual training about human trafficking

The department shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate department personnel in the identification, intervention, prevention, and treatment of human trafficking victims, and in the proper action that should be taken when dealing with a known or suspected victim of human trafficking. The training must also inform department personnel of the resources and agencies available to provide help and services for victims of human trafficking. The training selected by the department must be submitted to, and approved by, the Tennessee bureau of investigation's human trafficking advisory council.
Added by 2022 Tenn. Acts, ch. 842,s 1, eff. 1/1/2023.
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 13 - CONFLICT OF INTEREST (§§ 33-2-1301 — 33-2-1304) › Section 33-2-1301 - Department officers, employees and licensees to disclose interest in mental health facilities - Conflict of interest

IF
(1)
(A)
a person is an officer or employee of the department, OR
(B)
a person is an officer or employee of a licensee of the department, AND
(2)
(A)
the person or the person's spouse, parent, grandparent, brother, sister, or child has an ownership interest in a residential facility that is not publicly held or an ownership interest in a business that is not publicly held that owns or manages a residential facility that provides mental health services or supports, OR
(B)
the person or combination of persons named in subdivision (2)(A) has an ownership interest of at least thirty-five percent (35%) in a residential facility that is publicly held that provides mental health services, OR
(C)
the person or combination of persons named in subdivision (2)(A), has an ownership interest of at least thirty-five percent (35%) in a business that is publicly held that owns or manages a residential facility that provides mental health services,
THEN
(3)
the person shall disclose the interest to the department or licensee, AND
(4)
the person may not serve in a capacity of decision making or influence or responsibility for the direct referral or placement of persons to any residential facility that provides mental health services or supports.
Amended by 2024 Tenn. Acts, ch. 688,s 55, eff. 7/1/2024.
Acts 1996, ch. 669, § 1; T.C.A., §
33-3-112(a)
; 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 13 - CONFLICT OF INTEREST (§§ 33-2-1301 — 33-2-1304) › Section 33-2-1302 - Penalty for violation of Section 33-2-1301

(a)
If a person violates §
33-2-1301
, the commissioner shall assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation.
(b)
A penalty shall be assessed only after an informal hearing is held in the same manner as an informal hearing is held prior to the suspension of a license under §
4-5-320(d)
.
(c)
If services or supports to a recipient of mental health services or supports have been provided in violation of §
33-2-1301
, the commissioner may:
(1)
Require transfer of the recipient of services or supports to another provider of services or supports as soon as is reasonably practical;
(2)
Authorize the recipient of services or supports to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the recipient of services or supports to remain with the provider of services or supports;
(3)
Restrict the referral of other recipients of services or supports to the provider of services or supports;
(4)
Exercise a combination of the preceding powers; or
(5)
Impose any other appropriate sanctions in the discretion of the commissioner.
Amended by 2024 Tenn. Acts, ch. 688,s 56, eff. 7/1/2024.
Acts 1996, ch. 669, § 1; T.C.A., §
33-3-112(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 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 13 - CONFLICT OF INTEREST (§§ 33-2-1301 — 33-2-1304) › Section 33-2-1303 - Contractors to disclose interest in facility

A person to whom this part applies shall disclose the information required by this part before being hired or as a part of a contract entered into with a provider of mental health services or supports. Failure to disclose the information shall subject the person to removal from the position held or the contract to cancellation or renegotiation.
Amended by 2024 Tenn. Acts, ch. 688,s 57, eff. 7/1/2024.
Acts 1996, ch. 669, § 1; T.C.A., §
33-3-112(c)
; 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 13 - CONFLICT OF INTEREST (§§ 33-2-1301 — 33-2-1304) › Section 33-2-1304 - Personnel records to indicate conflict of interest as reason for relief of duties

If a person is relieved of decision-making authority or responsibility under this part, the personnel records of the officer or employee shall state that the officer or employee was relieved of authority or responsibility solely to conform to this part.
Acts 1996, ch. 669, § 1; T.C.A., §
33-3-112(d)
; 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 14 - STOPPING ADDICTION AND FOSTERING EXCELLENCE (SAFE) › Section 33-2-1403 - Prohibited marketing practices for recovery residences

(a)
A recovery residence shall not engage in any of the following marketing practices:
(1)
Making a materially false or misleading statement or providing materially false or misleading information about the residence's identity, products, goods, services, or geographical locations in its marketing, advertising materials, or media, or on its website;
(2)
Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website;
(3)
Soliciting, receiving, or making an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engaging or making an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgement of treatment from a service provider of alcohol and drug services or ADTF; or
(4)
Entering into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a service provider of alcohol and drug services or in an ADTF through a call center or a web-based presence. This subdivision (a)(4) does not apply if the service provider of alcohol and drug services or the operator of the ADTF discloses to the prospective patient, so that the patient can make an informed healthcare decision, in clear and concise language and instructions that allow the prospective patient to easily determine whether the marketing provider represents specific service providers or recovery residences that pay a fee to the marketing provider, and the identity of the service providers of alcohol and drug services or ADTF.
(b)
In addition to any other punishment authorized by law, a person or entity that knowingly violates this section is subject to:
(1)
Suspension or revocation of the recovery residence's status as an approved recovery residence for purposes of the list maintained by the department of mental health and substance abuse services pursuant to §
33-2-1402(a)
; and
(2)
Action by the attorney general and reporter or a person described in §
47-18-109(a)(1)
under the Tennessee Consumer Protection Act of 1977, as compiled in title 47, chapter 18, part 1.
Added by 2021 Tenn. Acts, ch. 309, s 5, eff. 7/1/2022.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-101 - Rights of persons under this title equal to those of other persons except as limited by this title - Records

(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.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-102 - Specific rights protected

(a)
No person with mental illness or serious emotional disturbance hospitalized or admitted, whether voluntarily or involuntarily, or ordered to participate in nonresidential treatment or service under this title, shall, solely by reason of the hospitalization, admission, or order, be denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, give informed consent to treatment, and vote, unless:
(1)
The service recipient has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity; or
(2)
The denial is authorized by state or federal statute.
(b)
No person shall make decisions for a service recipient on the basis of a claim to be the service recipient's conservator, legal guardian, guardian ad litem, caregiver under title 34, chapter 6, part 3, or to be acting under a durable power of attorney for health care under title 34, chapter 6, part 2, until the person has presented written evidence of the person's status.
Amended by 2024 Tenn. Acts, ch. 688,s 59, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 9; 2004, ch. 565, § 2.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-103 - Confidentiality of mental health records

All applications, certificates, records, reports, legal documents, and pleadings made and all information provided or received in connection with services applied for, provided under, or regulated under this title and directly or indirectly identifying a service recipient or former service recipient shall be kept confidential and shall not be disclosed by any person except in compliance with this part.
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 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-104 - Persons who may consent to disclosure of confidential information

Information about a service recipient that is confidential under §
33-3-103
may be disclosed with the consent of:
(1)
The service recipient who is sixteen (16) years of age or over;
(2)
The conservator of the service recipient;
(3)
The attorney in fact under a power of attorney who has the right to make disclosures under the power;
(4)
The parent, legal guardian, or legal custodian of a service recipient who is a child;
(5)
The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;
(6)
The treatment review committee for a service recipient who has been involuntarily committed;
(7)
The executor, administrator or personal representative on behalf of a deceased service recipient;
(8)
The caregiver under title 34, chapter 6, part 3; or
(9)
An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or a person's surrogate as designated under title 68, chapter 11, part 18.
Amended by 2013 Tenn. Acts, ch. 238,s 4, eff. 7/1/2013.
Acts 2000, ch. 947, § 1; 2004, ch. 565, § 3.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-105 - Disclosure of confidential information without consent

Information that is confidential under §
33-3-103
may be disclosed without consent of the service recipient if:
(1)
Disclosure is necessary to carry out duties under this title;
(2)
Disclosure may be necessary to assure service or care to the service recipient by the least drastic means that are suitable to the service recipient's liberty and interests;
(3)
As a court orders, after a hearing, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure would be contrary to public interest or to the detriment of a party to the proceedings;
(4)
It is solely information as to a residential service recipient's overall medical condition without clinical details and is sought by the service recipient's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends;
(5)
A service recipient moves from one service provider to another and exchange of information is necessary for continuity of service;
(6)
A custodial agent for another state agency that has legal custody of the service recipient cannot perform the agent's duties properly without the information; or
(7)
Necessary for the preparation of a post-mortem examination report in accordance with §
38-7-110(e)
and authorized to be obtained pursuant to §
38-7-117(b)
.
Amended by 2016 Tenn. Acts, ch. 672,s 1, eff. 3/29/2016.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 10.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-106 - Disclosure to advocacy agency - Disclosure to organization paying for treatment - Limitations

(a)
If the head of the federally mandated protection and advocacy agency for persons with mental illness or serious emotional disturbance, or the designated representative of the agency head, requests disclosure of information protected by §
33-3-103
and specifies the personally identifiable service recipient information sought and the federally mandated function for which it is required, the information may be disclosed to the agency without consent. The disclosure of information shall be made solely for use in connection with the federally mandated function. The disclosures are subject to federal confidentiality laws, including the requirement that there be no further disclosure of the personally identifiable information by the agency without consent of the service recipient or conservator or of the parent's or legal guardian's consent in the case of a child. The service provider shall notify the service recipient, a child service recipient's parent or legal guardian, and the service recipient's conservator, if any, of the disclosure. All public and private service providers shall cooperate with the agency in responding to requests, including, but not limited to, those made under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. § 15001 et seq.); the Protection and Advocacy for Mentally Ill Individuals (PAMII) Act of 1986 (
42 U.S.C. § 10801
et seq.); and the Protection and Advocacy for Individual Rights Act (
29 U.S.C. § 794e
).
(b)
If an organization may pay for a service provider's service to a service recipient, the service provider may disclose to the organization without service recipient consent only such information about the service recipient as is reasonably necessary to obtain timely payment. Disclosures are on the condition that there be no further disclosure of the personally identifiable information by the agency without service recipient consent.
(c)
If the department determines that an emergency substantially impairs a provider's capacity to provide service to its service recipients and the department appoints a receiver for service recipient information, the service recipient's information may be transferred to a new service provider without service recipient consent.
Amended by 2024 Tenn. Acts, ch. 688,s 60, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 11.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-107 - Rules relating to disclosure of confidential information

The department may adopt rules to implement §
33-3-103
- 33-3-114, including rules on the form, content, and means of consent and disclosure, scope of permissible disclosure, and definitions of terms.
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 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-108 - Access permitted for reports of harm and granting of access in cases of abuse

(a)
Section
33-3-103
does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is expressly required by:
(1)
The Child Abuse Reporting Law, compiled in title 37, chapter 1, part 4;
(2)
The Child Sexual Abuse Reporting Law, compiled in title 37, chapter 1, part 6; or
(3)
The Adult Protective Services Law, compiled in title 71, chapter 6.
(b)
(1)
The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation or mistreatment to the department is confidential and may not be disclosed without the person's consent, except as follows:
(A)
As necessary to carry out the laws cited in subsection (a);
(B)
To employees of the department as necessary to investigate the report;
(C)
To the abuse registry;
(D)
To the appropriate district attorney general;
(E)
By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation or mistreatment; or
(F)
By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding.
(2)
The person's identity is irrelevant to any civil proceeding and is not subject to disclosure, except in cases where a caregiver or other person is the subject of a complaint and can make a showing that the complaint was made with malice so that the caregiver or other person may pursue such remedies as may be permitted by law. The person may be subpoenaed if the department or district attorney general deems it necessary to protect the service recipient who is the subject of the report, but the fact that the person made the report may not be disclosed.
T.C.A. §
33-3-104(10)(B)
; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 12; 2011, ch. 158, § 16.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-109 - Release of information to family members and other designated persons - Acceptance of information from family members of service recipients

(a)
A service recipient for services under chapter 6 of this title shall be given an opportunity to approve and sign an information release that authorizes the facility or program to release certain information concerning the recipient to certain family members and other designated persons. This opportunity shall be offered when the recipient is entering inpatient or outpatient treatment at a facility, admitted in an emergency room, entering in a crisis response setting, or admitted in ongoing treatment with a community mental health care provider. This opportunity shall be offered to the recipient at the time of admission, periodically during treatment, and at discharge.
(b)
The service recipient may withdraw authority to release all information previously authorized, withdraw authority to release the information to any individuals previously authorized or modify either the type of information authorized in subsection (c) or the individuals to whom the information may be provided. All such changes must be executed in writing by the service recipient or:
(1)
The conservator of the service recipient;
(2)
The attorney in fact under a power of attorney who has the right to make disclosures under the power;
(3)
The parent, legal guardian, or legal custodian of a service recipient who is a child;
(4)
The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;
(5)
The treatment review committee for a service recipient who has been involuntarily committed;
(6)
The executor, administrator or personal representative on behalf of a deceased service recipient; or
(7)
The caregiver under title 34, chapter 6, part 3.
(c)
The information release shall provide the service recipient options for authorized disclosures to:
(1)
Specified family members that discloses only location;
(2)
Specified family members who are to be involved with discharge instructions and linking to other services; and
(3)
Specified family who are to be involved in and supportive in the treatment process.
(d)
The department shall encourage education of mental health care providers regarding accepting information from family members in the course of the treatment process.
Acts 2007, ch. 356, § 1; 2008, ch. 789, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-110 - Disclosure to law enforcement agencies in cases of felony acts of bodily harm or sexual abuse

(a)
Section
33-3-103
does not prohibit disclosure to a law enforcement agency that has jurisdiction over felonious acts of bodily harm or sexual offenses that appear to have been committed on the premises of a facility whose records are made confidential by §
33-3-103
.
(b)
If the felonious act involves a sexual offense governed by title 37, chapter 1, part 6, and title 71, chapter 6, part 1, in a locality having a sex abuse crime unit, disclosure for law enforcement investigative purposes shall be made only to that unit of the law enforcement agency. This section does not limit the requirements of disclosure of reports of harm and access to records required by title 37, chapter 1, parts 4 and 6, and title 71, chapter 6, part 1, for investigations by the department of human services.
(c)
Permissible disclosure of a felonious act for the purpose of conducting a necessary investigation includes:
(1)
The name of, and providing access to, witnesses or potential witnesses of the offense;
(2)
The name of, and providing access to, suspects or potential suspects of the offense; and
(3)
The scene of, and providing access to, where the offense occurred.
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 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-111 - Records of child service recipient not available to person accused of abusing recipient - Exceptions and limitations

(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.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-112 - Disclosure to service recipient of records kept and procedures for accessing records

(a)
Upon request by a service recipient sixteen (16) years of age or older, a service provider shall disclose to the service recipient what records the provider maintains on the service recipient and how the service recipient can obtain access to them. Upon written request by a service recipient, a service provider shall permit the service recipient, within a reasonable time, to review the service recipient's record itself or the part of it that the service recipient requests or a copy of the record or the part except to the extent that:
(1)
Service recipient access to the record is expressly restricted or prohibited by another statute; or
(2)
The provider is authorized to deny access under subsection (b).
(b)
If a person's qualified mental health professional determines that giving the service recipient, or a person acting for the service recipient, access to part of the service recipient's record poses a substantial risk of serious harm to the health or safety of the service recipient or another person, then the qualified mental health professional may refuse access to that part of the record.
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 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-113 - Request by recipient to have record amended

(a)
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.
(b)
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.
(c)
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.
(d)
The service recipient may not personally alter the record.
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 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 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:
(1)
Judicial proceedings under this title to commit a person with mental illness or serious emotional disturbance to treatment if the qualified mental health professional decides that the service recipient is in need of compulsory care and treatment;
(2)
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;
(3)
Judicial proceedings under chapter 8, part 3 of this title; and
(4)
Guardianship, conservatorship, and veterans' guardianship proceedings under title 34.
Amended by 2024 Tenn. Acts, ch. 688,s 61, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 14.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-116 - Penalty for violation

A violation of §§
33-3-103-33
-3-115 is a Class C misdemeanor.
T.C.A. §
33-3-104(10)(B)
; Acts 2000, ch. 947, § 1; Acts 2009 , ch. 578, § 6; T.C.A. §
33-3-115
.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-117 - Reporting to local law enforcement by inpatient treatment facility of involuntary commitment of service recipient

(a)
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.
(b)
If an inpatient treatment facility is required to report pursuant to subsection (a), the facility shall report the following information:
(1)
Complete name of the person involuntarily committed;
(2)
Date involuntary commitment was ordered;
(3)
Private or state hospital or treatment resource to which the individual was involuntarily committed;
(4)
Date of birth of the person involuntarily committed;
(5)
Race and sex of the person involuntarily committed; and
(6)
Social security number of the person involuntarily committed if available.
(c)
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
.
Amended by 2018 Tenn. Acts, ch. 799, s 3, eff. 7/1/2018.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-120 - Isolation and restraints prohibited - Exceptions and limitations

(a)
Service recipients have the right to be free from isolation and restraints, in any form, imposed as a means of coercion, discipline, convenience or retaliation by staff. Restraints include physical and mechanical restraints and drugs used to control behavior or to restrict freedom of movement if the drug or the dosage of the drug is not a standard treatment for the service recipient's medical or psychiatric condition. Isolation is placement of a person alone in a room from which egress is prevented. Isolation and restraint may be used only while the condition justifying its use exists.
(b)
A person with mental illness or serious emotional disturbance may be isolated or restrained only in emergency situations if necessary to assure the physical safety of the person or another person nearby or to prevent significant destruction of property. If a person imposes restraints or isolation, the person shall immediately contact a professional who is permitted under department rules to authorize the isolation or restraint. If the treating physician is not the person who orders isolation or restraint, the treating physician shall be consulted as soon as possible. A professional authorized by department rules shall see and evaluate the person's condition within one (1) hour of the intervention.
(c)
[Deleted by 2024 amendment]
(d)
Staff shall remain in the physical presence of a person in restraint. Staff shall continuously observe a person in isolation or restraint for the health and well being of the person.
(e)
The professional shall record the use of restraint or isolation, the reasons for its use, and the duration of its use in the person's record.
(f)
All staff who may have direct contact with a person being restrained or isolated shall receive ongoing education and training in alternative methods for handling behavior and the safe use of isolation and restraint.
(g)
The department shall adopt rules as to circumstances under which use of restraint and isolation are permitted. The department shall distribute the rules to all who provide services covered by this title.
(h)
The department shall report annually to the statewide planning and policy council on the use of restraint and isolation in the state and its rules on the subject.
Amended by 2024 Tenn. Acts, ch. 688,s 62, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2001, ch. 334, § 2; 2002, ch. 730, § 15; 2007 , ch. 96, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 33-3-125 - Professional not to be related or to have financial interest

A certificate of need for commitment for care and treatment as a person with mental illness or serious emotional disturbance that is authorized or required to be made by a physician, psychologist, or other professional under this title is not valid for any purpose if:
(1)
It is made by a professional who is a relative by blood, marriage, or adoption, or the legal guardian, conservator, or legal custodian of the person who is the subject of the petition, application or certificate; or
(2)
It is made by a professional who has an ownership interest in a private facility in which the person is to be admitted.
Amended by 2024 Tenn. Acts, ch. 688,s 63, eff. 7/1/2024.
Acts 1983, ch. 323, § 16; T.C.A., §§ 33-345, 33-3-108; 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 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 1 - GENERAL RIGHTS OF ALL SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-126) › Section 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.
Acts 2002, ch. 730, § 8.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-201 - Liability of counselor for suicide or attempted suicide of person counseled

(a)
As used in this section, unless the context otherwise requires:
(1)
"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
(2)
"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.
(b)
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.
Acts 1978, ch. 632, §§ 1, 2; T.C.A., §§ 33-1701, 33-1702; §§ 33-17-101, 33-17-102; Acts 1984, ch. 710, § 1; 1990, ch. 760, § 3; T.C.A., §§
33-10-101
,
33-10-102
; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 16.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-202 - Director of not-for-profit corporation providing service not liable for torts of recipients

(a)
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 or serious emotional disturbance shall not be held personally liable for tortious acts committed by the corporation's service recipients.
(b)
Subsection (a) does not preclude imposition of personal liability on a director who also acts as a paid officer or employee of the corporation.
Amended by 2024 Tenn. Acts, ch. 688,s 64, eff. 7/1/2024.
Acts 1979, ch. 33, § 2; T.C.A., §§ 33-17-202,
33-10-202
; 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 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-206 - Duty to predict, warn or take precautions to provide protection - Liability

(a)
IF AND ONLY IF
(1)
a service recipient has communicated to a qualified mental health professional or behavior analyst an
(A)
intent for actual threat of bodily harm against a clearly identified victim, OR
(B)
intent for actual threat of bodily harm against a group of people, including, but not limited to, students at a day care or school, people at a place of worship, and members of the service recipient's family, AND
(2)
the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's or analyst'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
(3)
the professional or analyst shall
(A)
take reasonable care to warn of or take precautions to protect the identified victim or group of people from the service recipient's violent behavior, AND
(B)
report the threat to
(i)
the local law enforcement agency with jurisdiction over the municipality or county of residence of the service recipient, OR
(ii)
IF the threat is general and not imminent or clearly identified, 988 or local crisis response service.
(b)
A qualified mental health professional or behavior analyst who acts or makes a reasonable attempt to act in accordance with subsection (a) is not liable for damages in a civil action, subject to prosecution in a criminal proceeding, or subject to disciplinary action by a regulatory board for such act or reasonable attempt to act.
(c)
Inpatient hospitalization of the service recipient discharges the duty to warn imposed on a qualified mental health professional or behavior analyst by this section.
Amended by 2024 Tenn. Acts, ch. 783,s 1, eff. 4/23/2024.
Acts 1989, ch. 549, § 1; T.C.A., §
33-10-302(a)
; Acts 2000, ch. 947, § 1; 2001, ch. 334, § 3; 2002, ch. 730, § 17.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-207 - Discharge of duty

(a)
If a service recipient is an unemancipated minor, the duty imposed by § 33-3-206 may be discharged by the professional or service provider by notifying the unemancipated minor's parent, legal guardian, or legal custodian and satisfying the requirements of subsection (c).
(b)
If a professional or service provider reports to law enforcement regarding a threat of bodily harm communicated by a service recipient who is an unemancipated minor, pursuant to § 33-3-206, then the professional shall also report information about the threat to the unemancipated minor's parent, legal guardian, or legal custodian.
(c)
The duty imposed by §
33-3-206
may be discharged by the professional or service provider by:
(1)
Informing the clearly identified victim of the threat;
(2)
Having the service recipient admitted on a voluntary basis to a hospital;
(3)
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
(4)
Pursuing a course of action consistent with current professional standards that will discharge the duty.
Amended by 2024 Tenn. Acts, ch. 761,s 2, eff. 4/22/2024.
Acts 1989, ch. 549, § 1; T.C.A., §
33-10-302(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 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 33-3-208 - Duty of employees who transmit or record patient communications

IF AND ONLY IF
(1)
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
(2)
the employee receives a communication from a service recipient of an actual threat of bodily harm against a clearly identified victim,
THEN
(3)
the employee shall communicate the threat to the professional employed by the service provider.
Acts 1989, ch. 549, § 1; T.C.A., § 33-10-303; Acts 2000, ch. 947, § 1; 2001, ch. 334, § 4; 2002, ch. 730, § 17.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904) › Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221) › Section 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 or serious emotional disturbance.
Amended by 2024 Tenn. Acts, ch. 688,s 65, eff. 7/1/2024.
Amended by 2013 Tenn. Acts, ch. 300, s 10, eff. 7/1/2013.
Acts 1989, ch. 549, § 1; T.C.A., §§
33-10-302(a)
, 33-10-303; Acts 2000, ch. 947, § 1.