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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 3 - PERSONS WITH SEVERE IMPAIRMENTS (§§ 33-6-301 — 33-6-311) › Section 33-6-308 - Release of person no longer in need of immediate care

If at any time it is determined that the person is no longer in need of immediate observation, care and treatment in accordance with this part and is not in need of involuntary care and treatment in a hospital, the person shall be released unless the person agrees to be admitted to a hospital or treatment resource.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 3 - PERSONS WITH SEVERE IMPAIRMENTS (§§ 33-6-301 — 33-6-311) › Section 33-6-309 - Admission of person to treatment facility beyond seventy-two-hour period

If at any time within the seventy-two hour period it is determined that the person continues to require immediate observation, assessment, and treatment in accordance with this part and that the requirement is likely to continue beyond the seventy-two hour period, the person shall be moved immediately to an appropriate hospital or treatment resource authorized to receive and detain persons with mental illness or serious emotional disturbance under chapter 6, part 4 of this title. The person shall be evaluated for admission and, if appropriate, shall be admitted in accordance with chapter 6, part 4 of this title, and if the person is so admitted, the fifteen-day retention period of chapter 6, part 4 of this title, shall be reduced by the number of days the person was detained under this part. Any person moved to a hospital pursuant to this section shall be moved without regard to the transfer provisions of this title. Evaluation for admission to a state-owned or operated hospital or treatment resource must conform to §
33-6-105
.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 38.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 3 - PERSONS WITH SEVERE IMPAIRMENTS (§§ 33-6-301 — 33-6-311) › Section 33-6-310 - Monitoring of admissions to ensure service recipients' rights

The department shall monitor admissions under this part to assure that they are not used in any way that violates the rights of service recipients with mental illness or serious emotional disturbance.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 39.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 3 - PERSONS WITH SEVERE IMPAIRMENTS (§§ 33-6-301 — 33-6-311) › Section 33-6-311 - Service under this part not substitute for outpatient care

Service under this part shall not be used instead of assessment or evaluation that can be performed on an outpatient basis.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-401 - Emergency detention

IF AND ONLY IF
(1)
A person has a mental illness or serious emotional disturbance, AND
(2)
The person poses an imminent substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance,
THEN
(3)
The person may be detained under § 33-6-402 to obtain examination for certification of need for care and treatment.
Amended by 2024 Tenn. Acts, ch. 725,s 1, eff. 4/16/2024.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-402 - Detention without warrant authorized

If an officer authorized to make arrests in the state, a licensed physician, a psychologist authorized under §
33-6-427(a)
, or a professional designated by the commissioner under §
33-6-427(b)
has reason to believe that a person is subject to detention under §
33-6-401
, then the officer, physician, psychologist, or designated professional may take the person into custody without a civil order or warrant for immediate examination under §
33-6-404
for certification of need for care and treatment.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-403 - Admission to treatment facility

(a)
IF AND ONLY IF
(1)
A person has a mental illness or serious emotional disturbance, AND
(2)
The person poses an imminent substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance, AND
(3)
The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND
(4)
All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person,
THEN
(5)
The person may be admitted and detained by a hospital or treatment resource for emergency diagnosis, evaluation, and treatment under this part.
(b)
(1)
There is a rebuttable presumption that a person meets the standard in subsection (a) for emergency admission to a hospital or treatment resource if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness.
(2)
The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose an imminent substantial likelihood of serious harm.
Amended by 2024 Tenn. Acts, ch. 784,s 13, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 725,s 2, eff. 4/16/2024.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-404 - Certificate of need for emergency treatment and transportation

IF
(1)
(A)
a licensed physician, psychologist, or designated professional takes a person into custody under §
33-6-402
, OR
(B)
a person is brought to the physician, psychologist, or designated professional for examination under this section,
THEN
(2)
the physician, psychologist, or designated professional shall immediately examine the person and decide whether the person is subject to admission to a hospital or treatment resource under §
33-6-403
, AND
(3)
(A)
IF
(i)
the person is not subject to admission, THEN
(ii)
the physician, psychologist, or designated professional shall release the person, AND
(B)
IF
(i)
the person is subject to admission, THEN
(ii)
the physician, psychologist, or designated professional shall complete a certificate of need for the emergency diagnosis, evaluation, and treatment showing the factual foundation for the conclusions on each item of §
33-6-403
, AND
(iii)
the physician, psychologist, or designated professional shall assess the person's clinical needs and need for physical restraint or vehicle security and determine the mode of transportation to the hospital in consultation with the mandatory prescreening agent, other mental health professional familiar with the person, or a knowledgeable family member, AND
(iv)
if admission is sought at a state-owned or operated hospital or treatment resource, the physician, psychologist or designated professional shall verify that the state-owned or operated hospital or treatment resource has been contacted and has available suitable accommodations, acknowledging such verification in writing.
Acts 2000, ch. 947, § 1; 2009 , ch. 531, § 37.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-407 - Examination to determine need for hospitalization

(a)
As used in this section, "qualified advanced practice provider" means an individual working in collaboration with a licensed physician, and who is a:
(1)
Licensed advanced practice nurse with a current certification from a national certifying organization as a psychiatric-mental health advanced practice nurse; or
(2)
Physician assistant with a current certification from a national certifying organization as having additional qualifications in psychiatry.
(b)
A hospital or treatment resource that receives a person transported under §
33-6-406
must have a licensed physician or a qualified advanced practice provider examine the person to determine whether the person is subject to admission under §
33-6-403
.
(c)
If the person is subject to admission under §
33-6-403
, then the physician or qualified advanced practice provider must complete a certificate of need for the emergency diagnosis, evaluation, and treatment showing the factual foundation for the conclusions on each item of §
33-6-403
, and the person who took the service recipient to the hospital or treatment resource may then apply for the admission for the purpose of emergency diagnosis, evaluation, and treatment.
(d)
If the person is not subject to admission and the sheriff or transportation agent is under a duty to remain at the hospital or treatment resource under §
33-6-406
, then the sheriff or transportation agent shall return the person to the county.
(e)
If the person is not subject to admission and the sheriff or transportation agent is not under a duty to remain at the hospital or treatment resource under §
33-6-406
, then the hospital or treatment resource shall return the person to the county.
(f)
A hospital, treatment resource, or healthcare provider is immune from civil liability and has an affirmative defense to criminal liability arising either from a determination relative to admission of a person to a facility or treatment resource or from the transportation of a person to and from the hospital or treatment resource.
Amended by 2023 Tenn. Acts, ch. 199, s 1, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 32, s 1, eff. 3/20/2013.
Acts 2000, ch. 947, § 1; 2009 , ch. 531, § 41.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-408 - Admission of person already at treatment facility

If the person has been certified as subject to admission under §
33-6-403
and is already at the hospital or treatment resource at which the person is proposed to be admitted, then the person who took the service recipient to the hospital or treatment resource may then apply for the admission for the purpose of emergency diagnosis, evaluation, and treatment. The application must be accompanied by the two (2) certificates of need or the one (1) certificate of need executed pursuant to §
33-6-426(b)
and must state the reasons and circumstances under which the person was taken into custody.
Amended by 2023 Tenn. Acts, ch. 199, s 3, eff. 7/1/2023.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-410 - Admission of detainee to state facility

If the chief officer of a state hospital or treatment resource determines that the person is subject to admission under §
33-6-403
and has the required certificates of need, then the chief officer of the state facility shall admit and detain the person for emergency diagnosis, evaluation and treatment.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-411 - Admission of detainee to private or local facility with contractual relationship with state

IF
(1)
the chief officer of a licensed private or local public hospital or treatment resource determines that the person is subject to admission under §
33-6-403
and has the required certificates of need, AND
(2)
the facility has contracted with the state to serve persons in the region,
THEN
(3)
the facility shall admit and detain the person in conformity with its obligations under its contract with the state for emergency diagnosis, evaluation and treatment.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-412 - Admission of detainee to other private or local facility - Payment for services

IF
(1)
the chief officer of a licensed private or local public hospital or treatment resource determines that the person is subject to admission under §
33-6-403
and has the required certificates of need or the one (1) certificate of need executed pursuant to §
33-6-426(b)
, AND
(2)
(A)
a parent, legal guardian, legal custodian, conservator, spouse, or an adult relative of the person, or any other person has made arrangements to pay the cost of care and treatment in a hospital, or treatment resource, OR
(B)
the facility chooses to accept the person when no third person has made arrangements to pay the cost,
THEN
(3)
the facility may admit and detain the person for emergency diagnosis, evaluation, and treatment.
Amended by 2023 Tenn. Acts, ch. 199, s 4, eff. 7/1/2023.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-413 - Notice of admission to general sessions court - Notice of defendant's rights and status

(a)
The chief officer, upon admission of the person, shall notify the judge of the general sessions court where the hospital or treatment resource is located, by telephone or in person, and shall provide the information from the certificates of need or the one (1) certificate of need executed pursuant to §
33-6-426(b)
and such other information as the court may desire, that is in the possession of the hospital or treatment resource, bearing on the condition of the person. If the general sessions court finds that there is probable cause to believe that the defendant is subject to admission to a hospital or treatment resource under §
33-6-403
, then the court may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays, and holidays, for emergency diagnosis, evaluation, and treatment pending a probable cause hearing under §
33-6-422
. If the court does not order the defendant admitted, then the defendant must be released.
(b)
The court shall cause a notice containing the information described in this subsection (b) to be mailed to the defendant, the defendant's attorney, the chief officer of the hospital or treatment resource and the parent, legal guardian, conservator, spouse or adult next of kin of the defendant. The notice shall contain the following information:
(1)
The time and place of the probable cause hearing;
(2)
The defendant's rights, including, but not limited to, right to counsel, right to waive a hearing, right to confront and cross-examine witnesses, and right to be protected from compelled self-incrimination;
(3)
The status of the defendant if judicially committed, including, but not limited to:
(A)
The person's prohibition against purchasing a firearm under §
39-17-1316
;
(B)
The person's prohibition against obtaining a handgun carry permit under §
39-17-1351
or §
39-17-1366
; and
(C)
The suspension or revocation of a handgun carry permit under §
39-17-1352
once judicially committed to a hospital or treatment resource pursuant to this title;
(4)
The person's right to appeal the prohibition against purchasing a firearm pursuant to §
39-17-1316
; and
(5)
The person's right to appeal the denial of a handgun carry permit pursuant to §§
39-17-1352
,
39-17-1353
, and
39-17-1354
.
Amended by 2023 Tenn. Acts, ch. 199, s 5, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 479, s 13, eff. 1/1/2020.
Acts 2000, ch. 947, § 1; 2009 ch. 578, § 7.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-414 - Detention for twenty-four (24)

If the judge is not available and all other provisions of this part have been complied with, the admitting facility may hold the defendant for not more than twenty-four (24) hours pending a court order under §
33-6-413
, and the staff may render only necessary emergency treatment.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-415 - Treatment not to render defendant unable to participate in probable cause hearing

Pending the probable cause hearing under §
33-6-422
, no treatment shall be given that will make the defendant unable to consult with counsel or to prepare a defense in proceedings for involuntary care and treatment. No psychosurgery, convulsive treatments, or insulin treatment shall be undertaken for any psychiatric disorder until an order has been entered, after the §
33-6-422
probable cause hearing in accordance with this part, requiring continued involuntary care and treatment of the defendant.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-416 - Order of admission - Notice to next of kin or representative

If the court orders the admission of the defendant for diagnosis, evaluation and treatment under §
33-6-413
, the chief officer shall give notice of the order to the defendant and by mail or telephone to the parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin of the defendant. The notice shall state specifically the basis for the defendant's detention and the standards for possible future commitment. The notice shall also inform the defendant of the defendant's right to counsel during the course of proceedings for involuntary care and treatment.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-417 - Release or transfer prior to hearing

If the defendant is released under §
33-6-705
or this part before the §
33-6-422
hearing, the chief officer shall notify the court that ordered the defendant's emergency diagnosis, evaluation and treatment. If the defendant is transferred to another facility before the §
33-6-422
hearing, the court shall transfer the hearing to the general sessions court of the county to which the defendant is transferred, and the hearing shall be held within five (5) days of the defendant's original detention under 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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-418 - Procedure for probable cause hearing

Probable cause proceedings under §
33-6-422
shall be conducted in conformity with §§
33-3-610-33
-3-615.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-419 - Notice to court of legal representation - Appointment of counsel

The defendant's attorney shall notify the court of the representation immediately after accepting it. If the defendant does not employ an attorney, the court shall appoint an attorney to represent the defendant not later than two (2) days after the original detention or three (3) days before the date of the hearing, whichever is earlier. An attorney representing the defendant shall not serve as guardian ad litem. If the court determines that the defendant is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the defendant's guardian ad litem.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-420 - Waiver of hearing

If the defendant consents in writing to a waiver of hearing, counsel may waive the hearing upon proper notice to the court.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-421 - Filing of certificates of need

The chief officer shall file with the court, by the time of the probable cause hearing, certificates of need for care and treatment from two (2) licensed physicians; one (1) licensed physician and one (1) psychologist qualified under § 33-6-427(a); or one (1) licensed physician and one (1) qualified advanced practice provider, as defined in § 33-6-407(a), who is not in a collaborating agreement with the licensed physician who signed the other certificate of need filed with the court as required by this section, certifying that the defendant satisfies the requirements of § 33-6-502(1)-(4), and certifying that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would again be admissible under § 33-6-403, and showing the factual foundation for the conclusions on each item of the certificates.
Amended by 2024 Tenn. Acts, ch. 785,s 1, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 42.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-422 - Finding of probable cause - Involuntary commitment for care for up to fifteen (15)

If, after the hearing is waived or is completed and the court has completed its consideration of the evidence, including the certificates of the examining professionals, and any other information relevant to the mental condition of the defendant, the court finds probable cause to believe that the defendant is subject to care and treatment under §
33-6-502
, and that if involuntary treatment is not continued the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible under §
33-6-403
, the court may order the defendant held for care and treatment pending a hearing under chapter 6, part 5 of this title, for not more than fifteen (15) days after the probable cause hearing unless a complaint is filed under chapter 6, part 5 of this title, within the fifteen (15) days.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-423 - Release of defendant if findings not made by court

The court shall order the release of the defendant from the hospital or treatment resource and terminate the proceedings under this part, if the court does not find both that:
(1)
There is probable cause to believe that the defendant is subject to care and treatment under §
33-6-502
; and
(2)
There is probable cause to believe that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible under §
33-6-403
.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-424 - Release of defendant if chief officer determines certificates of need not supported by facts

If the chief officer determines that the defendant's condition does not support the filing of the certificates required by §
33-6-422
, the chief officer shall release the defendant. The chief officer shall release the defendant five (5) days, excluding Saturdays, Sundays, and holidays, from the date of the general sessions court's original order to hold the defendant, unless the general sessions court has ordered the defendant's further care and treatment under §
33-6-422
or the defendant has been committed under chapter 6, part 5 of this title. The chief officer shall release the defendant not later than fifteen (15) days after the probable cause hearing unless a complaint is filed under chapter 6, part 5, within the fifteen (15) days.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-425 - Detention not to be at jail or other criminal custodial facility unless defendant under arrest for crime

No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-426 - Certification by physician required

(a)
If a person who is not a licensed physician executes the first certificate of need in support of hospitalization under this part, then only a licensed physician may execute the second certificate of need in support of hospitalization under this part.
(b)
If a person who is a licensed physician and board certified as a psychiatrist by the American Board of Psychiatry and Neurology executes the first certificate of need in support of hospitalization under this part, then the patient may be subject to admission under §
33-6-403
without the execution of a second certificate of need in support of hospitalization under this part.
(c)
A certificate of need in support of hospitalization pursuant to subsection (b) is not valid 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;
(2)
It is made by a professional who has an ownership interest in a private facility in which the person is to be admitted; or
(3)
It is made by a professional who is employed by or contracts with the admitting hospital or treatment resource.
(d)
A certificate of need in support of hospitalization executed pursuant to subsection (b) does not relieve the hospital or treatment resource's chief officer from filing with the court, by the time of the probable cause hearing, the required certificates of need under §
33-6-421
and §
33-6-422
.
(e)
The admitting hospital or treatment resource may rescind the certificate of need executed pursuant to subsection (b), if a licensed physician or other qualified professional in examining the patient determines that the patient no longer meets admission criteria under §
33-6-403
.
(f)
Subsection (b) does not apply to a state-owned or -operated hospital or treatment resource or a hospital or treatment resource that contracts with the department of mental health and substance abuse services for in-patient psychiatric services.
Amended by 2023 Tenn. Acts, ch. 199, s 2, eff. 7/1/2023.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427) › Section 33-6-427 - Authority of licensed psychologist or other mental health professional

(a)
If a person is a licensed psychologist designated as a health service provider by the board of healing arts and is actively practicing as such, the person may take any action authorized and perform any duty imposed on a physician by §§
33-6-401
- 33-6-406.
(b)
The commissioner may designate a person to take any action authorized and perform any duty imposed on a physician by §§
33-6-401
- 33-6-406 to the extent the duties are within the scope of practice of the profession in which the person is licensed or certified, if the person:
(1)
Is a qualified mental health professional under §
33-1-101
or is a licensed physician assistant with a master's degree and expertise in psychiatry as determined by the department based upon training, education or experience;
(2)
Is licensed or certified to practice in the state if required for the discipline; and
(3)
Satisfactorily completes a training program approved and provided by the department on emergency commitment criteria and procedures.
(c)
Subsection (b) does not affect any property right of an employee of the state while the person is acting in the person's capacity as employee of the state.
Amended by 2014 Tenn. Acts, ch. 688,s 1, eff. 4/15/2014.
Acts 2000, ch. 947, § 1; 2001, ch. 334, § 5; 2002, ch. 730, § 43.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-501 - "Substantial likelihood of serious harm" defined

IF AND ONLY IF
(1)
(A)
a person has threatened or attempted suicide or to inflict serious bodily harm on the person, OR
(B)
the person has threatened or attempted homicide or other violent behavior, OR
(C)
the person has placed others in reasonable fear of violent behavior and serious physical harm to them, OR
(D)
the person is unable to avoid severe impairment or injury from specific risks, AND
(2)
there is a substantial likelihood that the harm will occur unless the person is placed under involuntary treatment,
THEN
(3)
the person poses a "substantial likelihood of serious harm" for purposes of this title.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-502 - Prerequisites to judicial commitment for involuntary care and treatment

(a)
IF AND ONLY IF
(1)
a person has a mental illness or serious emotional disturbance, AND
(2)
the person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance, AND
(3)
the person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND
(4)
all available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person,
THEN
(5)
the person may be judicially committed to involuntary care and treatment in a hospital or treatment resource in proceedings conducted in conformity with chapter 3, part 6 of this title.
(b)
(1)
There is a rebuttable presumption that a person meets the standard in subsection (a) for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness.
(2)
The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm.
Amended by 2024 Tenn. Acts, ch. 784,s 14, 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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-503 - Two (2)

No defendant may be judicially committed under this part unless two (2) licensed physicians; one (1) licensed physician and one (1) licensed psychologist qualified under § 33-6-427(a); or one (1) licensed physician and one (1) qualified advanced practice provider as defined in § 33-6-407(a), who is not in a collaborating agreement with the licensed physician who signed the other certificate required by this section, file in the commitment proceeding certificates of need for care and treatment certifying that the defendant satisfies the requirements of § 33-6-502(1)-(4) and showing the factual foundation for the conclusions on each item. No defendant who is a child under sixteen (16) years of age may be judicially committed under this part unless one (1) of the certificates is filed by a physician, psychologist, or qualified advanced practice provider with experience with children.
Amended by 2024 Tenn. Acts, ch. 785,s 2, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2004, ch. 565, § 8.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-504 - Persons who may file complaint for commitment under this part

The parent, legal guardian, legal custodian, conservator, spouse, or a responsible relative of the person alleged to be in need of care and treatment, a licensed physician, a licensed psychologist who meets the requirements of §
33-6-427(a)
, a health or public welfare officer, an officer authorized to make arrests in the state, or the chief officer of a facility that the person is in, may file a complaint to require involuntary care and treatment of a person with mental illness or serious emotional disturbance under this part.
Acts 2000, ch. 947, § 1; 2004, ch. 565, § 8.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-505 - Commitment to state facility

If the court commits a person under this section, the person comes into the commissioner's custody only if the state-owned or operated facility or treatment resource has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a person for such commitment, the sheriff or other transportation agent shall determine that the receiving state-owned or operated facility or treatment resource has available suitable accommodations.
Acts 2000, ch. 947, § 1; 2009, ch. 531, § 42.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-506 - Commitment to other public or private facility

If a licensed public hospital or treatment resource other than a state facility has available suitable accommodations, the court may commit the defendant to the public hospital or treatment resource.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-507 - Commitment to contract facility - Conformance with contract

If a licensed private or local public hospital or treatment resource has contracted with the department to serve defendants in the region and has available suitable accommodations, the court shall commit the defendant to the facility, and the facility shall admit and detain the defendant in conformity with its obligations under its contract with the department.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-508 - Commitment to non-state facility where third-party payment has been arranged

IF
(1)
(A)
a parent, legal guardian, legal custodian, conservator, spouse, or an adult relative of the defendant, or any other person has made arrangements to pay the cost of care and treatment in a licensed private hospital or treatment resources, OR
(B)
the facility chooses to accept the defendant when no third person has made arrangements to pay the cost, AND
(2)
placement in the facility is more appropriate to the needs of the defendant than placement in a state facility,
THEN
(3)
the court may commit the defendant to the facility.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-509 - Suitable accommodations required

The chief officer of a facility to which a person is committed under this part shall not admit the person until the facility has available suitable accommodations. If a person is committed to a state facility under this part, the person does not come into the custody of the commissioner until the facility has available suitable accommodations.
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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 5 - NONEMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-501 — 33-6-510) › Section 33-6-510 - Person eligible for care as armed forces veteran

If a person ordered to be hospitalized under this part is eligible for hospital care or treatment by the veterans' administration of the United States within this state, the court, upon receipt of a certificate from the veterans' administration showing that facilities are available and that the person is eligible for care or treatment there, may order the person to be placed in the custody of the agency for hospitalization within this state. With respect to those persons the appropriate provisions of §
34-5-118
, being a part of the Uniform Veterans' Guardianship Law, shall apply.
Acts 1965, ch. 38, § 43; T.C.A., §§ 33-606, 33-6-105; 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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 6 - MANDATORY OUTPATIENT TREATMENT (§§ 33-6-601 — 33-6-624) › Section 33-6-601 - Disclosure of patient information relating to outpatient treatment

IF
(1)
a person with mental illness or serious emotional disturbance was committed involuntarily under chapter 6, part 5 of this title, AND
(2)
the hospital staff determines preliminarily that:
(A)
the person will need to participate in outpatient treatment on discharge, and
(B)
there is a likelihood that the discharge will be subject to the outpatient treatment obligation of this part, AND
(3)
the person refuses to give consent to disclose information that is legally confidential under this title to the proposed outpatient qualified mental health professional,
THEN
(4)
the hospital and qualified mental health professional may exchange information as necessary to carry out this part.
Acts 1982, ch. 862, § 4; 1983, ch. 323, §§ 19, 20, 22; T.C.A., § 33-615; Acts 1984, ch. 922, §§ 24, 25; 1985, ch. 437, § 21; T.C.A., §
33-6-201(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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 6 - MANDATORY OUTPATIENT TREATMENT (§§ 33-6-601 — 33-6-624) › Section 33-6-602 - Release from hospitalization subject to outpatient treatment

IF
(1)
on the basis of a review of the person's history before and during hospitalization, the hospital staff concludes that:
(A)
the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission,
(B)
the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under §
33-6-501
unless treatment is continued,
(C)
the person is likely to participate in outpatient treatment with a legal obligation to do so,
(D)
the person is not likely to participate in outpatient treatment unless legally obligated to do so, and
(E)
mandatory outpatient treatment is a suitable less drastic alternative to commitment,
THEN
(2)
the person shall be eligible for discharge subject to the obligation to participate in any medically appropriate outpatient treatment, including, but not limited to, psychotherapy, medication, or day treatment, under a plan approved by the releasing facility and the outpatient qualified mental health professional.
Acts 1982, ch. 862, § 4; 1983, ch. 323, §§ 19, 20, 22; T.C.A., § 33-615; Acts 1984, ch. 922, §§ 24, 25; 1985, ch. 437, § 21; T.C.A., §
33-6-201(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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 6 - MANDATORY OUTPATIENT TREATMENT (§§ 33-6-601 — 33-6-624) › Section 33-6-603 - Outpatient treatment plan

(a)
In developing the plan, the releasing facility and the outpatient qualified mental health professional shall consult with the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; and the service recipient's conservator, if any. Subject to obtaining any necessary consent before making a disclosure of patient information relating to outpatient treatment, the releasing facility and the outpatient qualified mental health professional may also consult with the service recipient's spouse or other adult family member with whom the service recipient would live concerning the outpatient treatment plan. Before approving the outpatient treatment plan, the releasing facility and the outpatient qualified mental health professional shall obtain the service recipient's consent to the plan to the extent practical and shall obtain the consent of the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child.
(b)
The releasing facility shall provide a clear written statement of what the service recipient shall do to stay in compliance with the plan to the service recipient; the service recipient's parents, legal custodian, or legal guardian if the service recipient is a child; the service recipient's spouse or other adult family member with whom the service recipient would live; and the service recipient's conservator. If the service recipient is a child, the statement shall specify the duties of the service recipient's parents, legal custodian, or legal guardian.
Acts 1982, ch. 862, § 4; 1983, ch. 323, §§ 19, 20, 22; T.C.A., § 33-615; Acts 1984, ch. 922, §§ 24, 25; 1985, ch. 437, § 21; T.C.A., §
33-6-201
; Acts 2000, ch. 947, § 1; 2010, ch. 659, § 1.