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 6 - MANDATORY OUTPATIENT TREATMENT (§§ 33-6-601 — 33-6-624) › Section 33-6-604 - Review of plan

IF
(1)
the person requests judicial review of the treatment plan within forty-eight (48) hours after being advised of the person's eligibility for release under it,
THEN
(2)
the hospital shall notify the court where the hospital is located that has the same jurisdiction as the committing court that the person is eligible for discharge, subject to the obligation to participate in outpatient treatment under the plan agreed to by the releasing facility and the outpatient qualified mental health professional, AND
(3)
the court shall hold a hearing within seven (7) days of receipt of the request to determine whether the treatment plan is medically appropriate and legally permissible, AND
(4)
the court shall either approve the plan or approve the plan as modified by the releasing facility and the outpatient qualified mental health professional to correct deficiencies found by the court.
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(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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 6 - MANDATORY OUTPATIENT TREATMENT (§§ 33-6-601 — 33-6-624) › Section 33-6-605 - Discharge of patient - Notice to court of discharge subject to outpatient treatment

(a)
IF
(1)
(A)
the person does not request judicial review of the discharge plan, OR
(B)
the court approves an outpatient treatment plan after a hearing under §
33-6-604
,
THEN
(b)
IF
(1)
(A)
the person is subject to judicial review under §
33-6-708
,
THEN
(B)
the person shall be discharged in conformity with §
33-6-708
, AND
(c)
IF
(1)
(A)
the person is not subject to judicial review under §
33-6-708
,
THEN
(B)
the hospital shall discharge the person, AND
(2)
the hospital shall notify the committing court that the person has been discharged subject to the obligation to participate in the outpatient treatment.
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(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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 6 - MANDATORY OUTPATIENT TREATMENT (§§ 33-6-601 — 33-6-624) › Section 33-6-606 - Amendment of outpatient treatment plan

After discharge the qualified mental health professional may change the treatment plan to meet the person's treatment needs. If the qualified mental health professional changes the treatment plan, the person's obligation to participate in the treatment continues.
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(e)
; 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 33-6-607 - Payment for outpatient services

If the person is indigent and is not eligible for payment for service under any other governmentally or privately funded system, the department shall provide for the outpatient services. The person is responsible for payment for the services, if:
(1)
The person is not indigent; or
(2)
The person is eligible for payment for services under any other governmentally or privately funded system.
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(f)
; 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 33-6-608 - Admission to treatment facility - Outpatient care suspended - Outpatient care reinstituted following release

IF
(1)
a person who has been discharged subject to the obligation to participate in outpatient treatment is admitted to a hospital or treatment resource before the obligation terminates,
THEN
(2)
the obligation to participate in outpatient treatment is suspended, AND
(3)
the obligation resumes on discharge unless it has been terminated under §
33-6-620
, §
33-6-622
, or §
33-6-623
or the discharge is under §
33-6-706
.
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(g)
; 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 33-6-609 - Failure to comply with outpatient treatment plan - Action to enforce

IF
(1)
the parent, legal guardian, conservator, spouse, responsible relative, or qualified mental health professional of a service recipient who has been discharged subject to the obligation to participate in outpatient treatment, the person who initiated the commitment proceeding of the service recipient, or the chief officer of the discharging facility files an affidavit with the court that committed the service recipient or any court with jurisdiction under chapter 6, part 5, of this title in the county where the person is being treated or is staying showing that:
(A)
the person is required to be participating in outpatient treatment under §
33-6-602
,
(B)
the person is, without good cause, out of compliance with the treatment plan, and
(C)
the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily,
THEN
(2)
the court shall have jurisdiction to conduct original proceedings to enforce the outpatient treatment obligation, AND
(3)
the court may order the person to appear before the court at a stated time not later than five (5) business days after the order is issued to determine whether the person is required by this part to be participating in the outpatient treatment and has failed, without good cause, to participate in the treatment as required, AND
(4)
the order and a copy of the affidavit shall be served immediately on the person, the qualified mental health professional, and, if the discharge was under §
33-6-708
, the district attorney general for the jurisdiction in which the committing court is located.
Acts 1982, ch. 862, § 5; 1983, ch. 323, § 21; T.C.A., § 33-616; Acts 1984, ch. 922, §§ 28-30; 1988, ch. 862, § 3; T.C.A., §
33-6-202
; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 44.
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 33-6-610 - Hearing to determine compliance - Findings - Order to comply - Recommitment upon failure or inability to comply

(a)
If the person appears in person before the court, the court shall hold a hearing to determine whether the person is required to be participating in outpatient treatment and is, without good cause, not complying with the treatment plan.
(b)
The court shall release the person, if the court determines that:
(1)
The person is complying with the treatment plan; or
(2)
The person is out of compliance for good cause and will be restored to compliance without further action.
(c)
If the court determines that the person is out of compliance with the treatment plan without good cause and that the person can be put immediately in compliance with the treatment plan and can be expected to stay in compliance without further hospitalization, the court shall make written findings of fact and conclusions of law on the issues, order the person to comply immediately with the treatment plan, and dismiss the proceedings upon a showing that the person is in compliance.
(d)
(1)
The court shall make written findings of fact and conclusions of law on the issues and order the person recommitted to the hospital from which the person was released, if the court determines that the person is out of compliance with the treatment plan without good cause and that:
(A)
The person cannot be put in compliance with the treatment plan immediately; or
(B)
The person cannot be expected to stay in compliance without further hospitalization.
(2)
The sheriff shall immediately transport the person as ordered, and the hospital shall admit the person and give notice of the recommitment to the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the committing court, and, if the discharge was under §
33-6-708
, to the district attorney general in the committing jurisdiction.
Acts 1984, ch. 922, § 29; 1988, ch. 862, § 4; 1996, ch. 1079, § 64; T.C.A., §
33-6-203
; 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 33-6-611 - Failure to appear at hearing - Custody order - Transportation to hospital - Admission - Notice to attorney or other representative

IF
(1)
the qualified mental health professional has filed an affidavit showing that:
(A)
the person with mental illness or serious emotional disturbance is required to be participating in outpatient treatment,
(B)
the person is, without good cause, not complying with the treatment plan, AND
(C)
the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily, AND
(2)
the person does not respond to the order to appear,
THEN
(3)
the court shall order the person taken into custody, AND
(4)
the sheriff shall immediately transport the person to the hospital from which the person was discharged, AND
(5)
the hospital shall admit the person and give notice of the temporary recommitment and that a hearing under §
33-6-610
will be held to the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the court that ordered the temporary recommitment of the person, and to the court where the hospital is located that has the same jurisdiction as the recommitting court.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., §
33-6-204(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 33-6-612 - Failure to appear where no affidavit by qualified mental health professional

IF
(1)
the qualified mental health professional has not filed an affidavit with the court regarding the person with mental illness or serious emotional disturbance, AND
(2)
the person does not respond to the order to appear,
THEN
(3)
the court shall order the person taken into custody, AND
(4)
the officer who serves the order on the person shall take the person to the qualified mental health professional or the professional's appointed substitute.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., §
33-6-204(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 33-6-613 - Substitution of qualified mental health professional

A person's qualified mental health professional shall appoint a qualified mental health professional as a substitute in the absence of the appointing professional.
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 33-6-614 - Findings by qualified mental health professional - Release

(a)
The qualified mental health professional shall release the person and notify the court of the basis for the release, if the qualified mental health professional determines that:
(1)
The person with mental illness or serious emotional disturbance is in compliance with the treatment plan; or
(2)
The person is out of compliance for good cause, is put in compliance immediately, and can be expected to stay in compliance without further hospitalization.
(b)
The qualified mental health professional shall release the person and notify the court of the basis for the release, if the qualified mental health professional determines that:
(1)
The person is out of compliance with the treatment plan without good cause;
(2)
The person can be put in compliance with the treatment plan immediately;
(3)
The person complies immediately with the treatment plan; and
(4)
The person can be expected to stay in compliance without further hospitalization.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., §
33-6-204(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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 6 - MANDATORY OUTPATIENT TREATMENT (§§ 33-6-601 — 33-6-624) › Section 33-6-615 - Findings by qualified mental health professional - Recommitment - Notice to representative, next of kin and court

IF
(1)
the qualified mental health professional determines that:
(A)
the person with mental illness or serious emotional disturbance is out of compliance with the treatment plan without good cause, and
(B)
(i)
the person cannot be put immediately in compliance with the treatment plan, or
(ii)
the person cannot be expected to stay in compliance without further hospitalization, or
(iii)
the person does not comply immediately with the treatment plan,
THEN
(2)
the qualified mental health professional shall contact the sheriff, AND
(3)
the sheriff shall immediately transport the person to the hospital from which the person was discharged, AND
(4)
the hospital shall admit the person and give notice of the temporary recommitment and that a hearing under §
33-6-610
will be held to the person, the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the court that ordered the temporary recommitment of the person, and to the court where the hospital is located that has the same jurisdiction as the recommitting court.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., §
33-6-204(e)
; 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 33-6-616 - Recommitment hearing

The court where the hospital is located is vested with jurisdiction to hold the hearing on a person returned under §
33-6-611
. The court shall schedule a hearing to be held under §
33-6-610
within five (5) business days of receipt of the notice.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., §
33-6-204(f)
; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 45.
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 33-6-617 - Person eligible for discharge

If the person, upon being readmitted under this part, is eligible for discharge under §
33-6-602
, the person shall be discharged under §
33-6-602
notwithstanding §
33-3-501
. The hospital shall give notice of the discharge to the courts that had been notified of the admission, and the judicial proceedings for recommitment shall be dismissed.
Acts 1984, ch. 922, § 28; 1985, ch. 437, §§ 22-25; 1996, ch. 1079, §§ 65, 66; T.C.A., §
33-6-204(g)
; 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 33-6-618 - Rights of defendant in proceedings under this part

In judicial proceedings under this part the person with mental illness or serious emotional disturbance has the following rights:
(1)
The burden of proof to establish, as appropriate to the proceedings, that the outpatient treatment plan is proper, that the person is subject to return to the hospital, or that the plan is subject to extension, shall be by clear, unequivocal, and convincing evidence and shall be borne by the party seeking to impose the obligations;
(2)
The person shall be present at the hearing unless the person waives such presence in writing. If the person's attorney shows that the person's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated. If the court determines that the person's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the person or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the person restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the person is not present at or is excluded from the hearing, the court shall make a written fact finding as to why the hearing is held in the person's absence; and
(3)
The person's attorney shall notify the court of the representation immediately after accepting it. If the person does not employ an attorney, the court shall appoint an attorney to represent the person as soon as possible after the case is docketed. An attorney representing the person shall not serve as guardian ad litem. If the court determines that the person 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 person's guardian ad litem.
Acts 1984, ch. 922, § 31; T.C.A., §
33-6-205
; 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 33-6-619 - Dismissal of proceedings pending against person recommitted under this part

If a person is ordered to be rehospitalized for noncompliance with the treatment plan after a hearing under §
33-6-609
, §
33-6-610
or §
33-6-611
, upon readmission the person shall be held under the authority of the original court order of commitment entered in the proceedings under chapter 6, part 5 of this title, and any other pending proceedings under chapter 6, part 4 or 5 of this title shall be dismissed.
Acts 1984, ch. 922, § 32; T.C.A., §
33-6-206
; Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 6 - MANDATORY OUTPATIENT TREATMENT (§§ 33-6-601 — 33-6-624) › Section 33-6-620 - Termination of legally mandated outpatient care - Notice to court

IF
(1)
at any time the qualified mental health professional determines that:
(A)
the person with mental illness or serious emotional disturbance is likely to participate in outpatient treatment without being legally obligated to do so, or
(B)
the person no longer needs treatment for the mental illness or serious emotional disturbance,
THEN
(2)
the qualified mental health professional shall terminate the treatment obligation, AND
(3)
the qualified mental health professional shall notify the committing court and the hospital that discharged the person.
Acts 1982, ch. 862, § 6; T.C.A., §§ 33-617, 33-6-203; Acts 1984, ch. 922, § 26; T.C.A., §
33-6-207(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 33-6-621 - Reinstatement of mandatory outpatient care

IF
(1)
during the sixth month after discharge or after the last renewal the qualified mental health professional determines that:
(A)
the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND
(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, AND
(C)
the person is not likely to participate in outpatient treatment unless legally obligated to do so, AND
(D)
mandatory outpatient treatment is a suitable less drastic alternative to commitment,
THEN
(2)
the obligation to participate in outpatient treatment is renewed for six (6) months, AND
(3)
the qualified mental health professional shall notify the person, the person's attorney, the hospital that discharged the person, and the committing court of the decision and of the basis for it and of the person's right to request a hearing in the committing court.
Acts 1982, ch. 862, § 6; T.C.A., §§ 33-617, 33-6-203; Acts 1984, ch. 922, § 26; T.C.A., §
33-6-207(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 33-6-622 - Hearing on reinstatement order

(a)
If the person files a written request for a hearing with the committing court, within thirty (30) days after receipt of notice the committing court shall hold a hearing to review the decision of the qualified mental health professional. IF AND ONLY IF the court determines that:
(1)
The person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission,
(2)
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,
(3)
The person is not likely to participate in outpatient treatment unless legally obligated to do so, AND
(4)
Mandatory outpatient treatment is a suitable less drastic alternative to commitment,
THEN
(5)
the obligation to participate in outpatient treatment is renewed for six (6) months.
(b)
(1)
IF, after a hearing, the court does not determine the obligation to participate in outpatient treatment to be renewed,
(2)
THEN the person is discharged from the outpatient treatment obligation.
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(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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 6 - MANDATORY OUTPATIENT TREATMENT (§§ 33-6-601 — 33-6-624) › Section 33-6-623 - Outpatient treatment obligation limited to six (6)

IF
(1)
a person with mental illness or serious emotional disturbance is discharged subject to an outpatient treatment obligation under §
33-6-602
, AND
(2)
the qualified mental health professional has not terminated the outpatient treatment obligation under §
33-6-620
,
THEN
(3)
the person's obligation to participate in outpatient treatment terminates six (6) months after the discharge or the last renewal of the obligation.
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(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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 7 - DISCHARGE FROM INPATIENT TREATMENT (§§ 33-6-NEW — 33-6-708) › Section 33-6-NEW - [Newly enacted section not yet numbered] [Effective 10/1/2024]

(a)
As used in this section, "local law enforcement" means the county sheriff with jurisdiction over the location where:
(1)
The service recipient permanently resides, if the service recipient is a resident of this state; and
(2)
The inpatient treatment facility is located, if the service recipient is not a resident of this state.
(b)
If a person is ordered into involuntary commitment under part 4 or 5 of this chapter and is to be released, then the chief officer of the releasing facility shall notify, by electronic means, local law enforcement prior to such release.
Added by 2024 Tenn. Acts, ch. 656,s 1, eff. 10/1/2024.
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 7 - DISCHARGE FROM INPATIENT TREATMENT (§§ 33-6-NEW — 33-6-708) › Section 33-6-701 - Review of admitted persons to determine eligibility for discharge

The chief officer of a public or private hospital shall, as often as practicable, but not less often than every six (6) months, examine or cause to be examined each person admitted under this title for treatment of mental illness or serious emotional disturbance. If the chief officer determines on the basis of the examination that the person is eligible for discharge under §
33-6-602
, §
33-6-705
or §
33-6-706
, and that the discharge is not subject to judicial review under §
33-6-708
, the chief officer shall order the immediate release of the person and shall notify the person upon whose application the person was admitted and, if the person was involuntarily hospitalized, the court that ordered the hospitalization.
Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., §
33-6-108(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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 7 - DISCHARGE FROM INPATIENT TREATMENT (§§ 33-6-NEW — 33-6-708) › Section 33-6-702 - Request for current examination of mental condition - Payment

Any person hospitalized under a court order obtained under chapter 6, part 5 of this title, or the person's attorney, parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, shall be entitled, upon the expiration of ninety (90) days following the order and not more frequently than every six (6) months thereafter, to request, in writing, the chief officer of the hospital in which the person is hospitalized to have a current examination of the person's mental condition made by one (1) or more physicians. If the request is timely, it shall be granted. The person shall be entitled at the person's own expense to have a licensed physician not connected with the hospital to participate in the examination. If the person is indigent, is in a department facility, and makes a written request for examination, with the approval of the commissioner, the department shall assist the person in obtaining a licensed physician to participate in the examination in the person's behalf. A physician so obtained by the indigent person shall be compensated for services out of unobligated funds of the department in an amount the department determines to be fair and reasonable.
Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., §
33-6-108(b)(1)
; 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 7 - DISCHARGE FROM INPATIENT TREATMENT (§§ 33-6-NEW — 33-6-708) › Section 33-6-703 - Discharge of person eligible for release - Petition for review where one (1)

If, after considering the reports of the physicians and other relevant information, the chief officer determines that the person is eligible for discharge under §
33-6-602
, §
33-6-705
or §
33-6-706
and that the discharge is not subject to judicial review under §
33-6-708
, the chief officer shall order the immediate release of the person and notify the committing court. If one (1) or more of the physicians participating in the examination reports that the person no longer meets the standards under which the person was admitted, the person may petition the court that ordered the hospitalization for an order directing the person's release. The person shall be apprised of the results of the examination reports and shall be furnished true copies of them, which shall accompany the person's petition.
Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., §
33-6-108(b)(2)
; 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 7 - DISCHARGE FROM INPATIENT TREATMENT (§§ 33-6-NEW — 33-6-708) › Section 33-6-704 - Procedure for reviewing petition

(a)
In considering the petition, the court shall consider the testimony of the physicians who participated in the examination of the person and their reports accompanying the petition. After considering the testimony and reports, the court shall either:
(1)
Reject the petition and order the continued hospitalization of the person; or
(2)
Order the immediate release of the person.
(b)
Any physician participating in the examination shall be a competent and compellable witness at any judicial proceeding held under this title.
Acts 1965, ch. 38, § 46; 1974, ch. 464, § 3; 1975, ch. 248, §§ 1, 18; 1982, ch. 862, §§ 9, 10; T.C.A., § 33-609; Acts 1996, ch. 1079, § 63; T.C.A., §
33-6-108(c)
; Acts 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 7 - DISCHARGE FROM INPATIENT TREATMENT (§§ 33-6-NEW — 33-6-708) › Section 33-6-705 - Discharge of person no longer meeting standards for admission

IF
(1)
a person was admitted to a hospital for treatment of mental illness or serious emotional disturbance under any provision of this title other than chapter 6, part 5 of this title, AND
(2)
the person no longer meets the standards under which the admission took place, AND
(3)
the person's detention is not otherwise authorized under the part under which the person was admitted,
THEN
(4)
the person shall be discharged.
Acts 1982, ch. 862, § 3; 1983, ch. 323, §§ 18, 19; T.C.A., § 33-614; Acts 1985, ch. 437, § 18; T.C.A., §
33-6-109(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 7 - DISCHARGE FROM INPATIENT TREATMENT (§§ 33-6-NEW — 33-6-708) › Section 33-6-706 - Discharge of involuntarily committed person - Person no longer mentally ill or in remission - Person unlikely to cause harm - Voluntary outpatient treatment possible

IF
(1)
a person was committed involuntarily under chapter 6, part 5 of this title, AND
(2)
(A)
the person does not have a mental illness or serious emotional disturbance, OR
(B)
(i)
the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND
(ii)
the person does not pose a likelihood of serious harm under §
33-6-501
, OR
(C)
(i)
the person would pose a likelihood of serious harm under §
33-6-501
unless treatment is continued, AND
(ii)
voluntary outpatient treatment is a suitable less drastic alternative to commitment because the person is likely to participate in outpatient treatment without being legally obligated to do so,
THEN
(3)
IF
(A)
the person is not subject to judicial review under §
33-6-708
,
THEN
(B)
the person shall be discharged, AND
(4)
IF
(A)
the person is subject to judicial review under §
33-6-708
,
THEN
(B)
the person shall be discharged in conformity with §
33-6-708
.
Acts 1982, ch. 862, § 3; 1983, ch. 323, §§ 18, 19; T.C.A., § 33-614; Acts 1985, ch. 437, § 18; T.C.A., §
33-6-109(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 7 - DISCHARGE FROM INPATIENT TREATMENT (§§ 33-6-NEW — 33-6-708) › Section 33-6-707 - Persons eligible for discharge subject to mandatory outpatient treatment

IF
(1)
a person was committed involuntarily under chapter 6, part 5 of this title, AND
(2)
the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND
(3)
the person would pose a likelihood of serious harm under §
33-6-501
unless treatment continues, AND
(4)
voluntary outpatient treatment is not a suitable less drastic alternative to commitment because the person is not likely to participate in outpatient treatment without being legally obligated to do so,
THEN
(5)
the person is eligible for discharge only under §
33-6-602
.
Acts 1982, ch. 862, § 3; 1983, ch. 323, §§ 18, 19; T.C.A., § 33-614; Acts 1985, ch. 437, § 18; T.C.A., §
33-6-109(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 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 8 - SEX OFFENDERS (§§ 33-6-801 — 33-6-805) › Section 33-6-801 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Sex crime" means any offense involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child of fourteen (14) years of age or under or incest, a crime against nature, assault with intent to commit rape or rape; and
(2)
"Sex offender" means any person who has been convicted of a crime involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child of fourteen (14) years of age or under or any person convicted of incest, a crime against nature, assault with intent to commit rape or rape.
Acts 1957, ch. 288, § 1; 1963, ch. 315, §§ 1, 2; 1975, ch. 248, § 1; 1977, ch. 449, §§ 1, 2; 1981, ch. 224, § 25; T.C.A., §§ 33-1301, 33-6-301; Acts 2000, ch. 947, §§ 1, 6.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015) › Part 8 - SEX OFFENDERS (§§ 33-6-801 — 33-6-805) › Section 33-6-802 - Examination upon conviction for sex crime

Any person convicted of a sex crime shall be examined thoroughly by a psychiatrist, licensed psychologist, licensed psychological examiner, licensed senior psychological examiner, clinical nurse specialist in psychiatry, licensed professional counselor, or licensed clinical social worker from the department of correction as soon as practicable after admittance to the penal facility. A community mental health center may provide the examination when the service is specifically contracted for and funded by the department of mental health and substance abuse services or the department of correction.
Acts 1957, ch. 288, § 3; 1974, ch. 802, § 52; 1975, ch. 248, § 1; 1981, ch. 224, § 26; T.C.A., § 33-1303; Acts 1986, ch. 595, § 1; 1989, ch. 311, § 1; T.C.A., §
33-6-303
; Acts 2000, ch. 947, §§ 1, 6; 2001, ch. 334, § 6; 2002, ch. 730, § 46; 2010, ch. 1100, § 45; 2012, ch. 575, § 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 8 - SEX OFFENDERS (§§ 33-6-801 — 33-6-805) › Section 33-6-803 - Certification for treatment

If, as a result of the examination provided for in §
33-6-802
, it is found that the convicted person is capable of being successfully treated, this fact shall be certified by the examining official or officials to the commissioner of correction, together with the suggested treatment, whereupon, the commissioner of correction shall provide the treatment.
Acts 1957, ch. 288, § 4; 1975, ch. 248, § 1; T.C.A., § 33-1304; Acts 1989, ch. 311, § 2; T.C.A., §
33-6-304
; 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 8 - SEX OFFENDERS (§§ 33-6-801 — 33-6-805) › Section 33-6-804 - Examination prior to release - Petition for commitment

(a)
Not more than one (1) year nor less than six (6) months prior to the non-parole release of any person convicted of a sex crime, an examination of the person shall be made by a psychiatrist, licensed psychologist, licensed senior psychological examiner, licensed psychological examiner, clinical nurse specialist in psychiatry, licensed professional counselor, or licensed clinical social worker from the department of correction.
(b)
The examiner shall determine whether the person has a mental illness and, because of that illness, poses a likelihood of serious harm under §
33-6-501
, and is in need of care and treatment in a mental hospital or treatment resource, as defined in §
33-1-101
.
(c)
If the examiner determines that the person has a mental illness or serious emotional disturbance and poses a likelihood of serious harm because of the illness, the director of the correctional facility shall, before the time for the release of the person, petition where the facility is located for judicial commitment under chapter 6, part 5, of this title to a hospital or treatment resource designated by the commissioner.
Acts 1957, ch. 288, § 5; 1974, ch. 802, § 53; 1975, ch. 248, § 1; 1977, ch. 386, § 2; 1981, ch. 224, § 27; 1983, ch. 323, § 24; T.C.A., § 33-1305; Acts 1986, ch. 595, § 2; 1989, ch. 311, §§ 3, 4; T.C.A., §
33-6-305
; Acts 2000, ch. 947, § 1; 2001, ch. 334, § 7; 2002, ch. 730, § 47.
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 8 - SEX OFFENDERS (§§ 33-6-801 — 33-6-805) › Section 33-6-805 - Post-plea treatment system

(a)
The department of mental health and substance abuse services, in cooperation with the department of correction, the department of human services and the district attorneys general conference, shall develop a post-plea treatment system for sexual offenders, victims, and their families, modeled after systems that are operating in some local communities around the country. The system shall provide for a standard fee for treatment services and shall provide for the development of a certification process for service providers to assure sexual abuse treatment expertise by the service providers. The certification should encompass a combination of professional education and licensure with specialized knowledge in this field. The treatment system shall be designed within a conceptual framework that includes, but is not limited to, the following:
(1)
Limiting offender eligibility to first-offender, intra-family abuse, absence of violence or threat of violence, sexual abuse of short duration, absence of drug or alcohol addiction, and abuse that has resulted in no significant trauma to the child victim;
(2)
The sentence and probation established for program participants shall be a definite sentence; and
(3)
As a requirement for participation in the treatment program, the offender shall plead guilty to the commission of the appropriate sexual offense and agree to abide by all requirements of the probation agreement or sentence alternative.
(b)
The probation agreement or sentence alternative shall require that the offender pay for the victim's medical and psychological treatment, as needed, and for the offender's treatment in the treatment program, based upon the offender's financial ability to pay.
Acts 1985, ch. 478, § 37; 1987, ch. 145, § 26; 1988, ch. 953, § 8; T.C.A., §
33-6-306
; Acts 2000, ch. 947, §§ 1, 6; 2010, ch. 1100, § 45; 2012, ch. 575, § 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 9 - SPECIAL PROVISIONS FOR MENTAL HEALTH TRANSPORTATION (§§ 33-6-901 — 33-6-902) › Section 33-6-902 - Transportation of patient to hospital - Temporary detention

(a)
Whenever a person is about to be admitted to a hospital or treatment resource under chapter 6, part 5 of this title, the court shall arrange for the transportation of the person to the hospital. Whenever practicable, the person to be hospitalized shall be permitted to be accompanied by one (1) or more friends or relatives, who shall travel at their own expense. Any reputable and trustworthy relative or friend of the person who will assume responsibility for the person's safe deliverance may be allowed to transport the person to the hospital if the relative or friend will do so at the transporter's own expense.
(b)
Pending removal to a hospital, a person with mental illness or serious emotional disturbance taken into custody or ordered to be hospitalized under chapter 6, part 5 of this title, may be detained in the person's home or in some suitable facility under such reasonable conditions as the court may order, but the person shall not be detained in a nonmedical facility used for the detention of persons charged with or convicted of criminal offenses. Reasonable measures necessary to assure proper care of a person temporarily detained under this section, including provision for medical care, shall be taken.
Acts 1965, ch. 38, § 44; 1967, ch. 58, § 1; 1983, ch. 323, § 17; T.C.A., §§ 33-607, 33-6-106; Acts 2000, ch. 947, § 1; 2002, ch. 730, § 48.
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 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1001 - Declaration for mental health treatment authorized - Contents

A competent adult may make a declaration for mental health treatment to express the person's preferences and instructions about participation in mental health treatment, including hospitalization for a maximum of fifteen (15) days, psychoactive and other medications, and electroconvulsive and other convulsive therapies. The declaration may include consent to or refusal to permit mental health treatment and other instructions and information for mental health service providers.
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 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1002 - "Incapable of making mental health treatment decisions" defined

IF AND ONLY IF
(1)
(A)
a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR
(B)
(i)
(a)
two (2) physicians examine a person, OR
(b)
a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND
(ii)
the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness,
THEN
(2)
the person is incapable of making mental health treatment decisions for purposes of this part.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 49.
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 10 - DECLARATIONS FOR MENTAL HEALTH TREATMENT (§§ 33-6-1001 — 33-6-1015) › Section 33-6-1003 - Duration of declaration - Expiration - Revocation

(a)
A declaration for mental health treatment continues in effect for two (2) years, for a lesser period if so stated, or until revoked, whichever is sooner. If a declaration for mental health treatment has been invoked and is in effect at the expiration date, the declaration remains effective until the service recipient is capable of making mental health treatment decisions but no more than thirty (30) days after the expiration date. Subsequent declarations shall conform to all requirements of §
33-6-1004
.
(b)
A service recipient may revoke a declaration in whole or in part at any time orally or in writing if the service recipient is capable of making mental health treatment decisions. Making a new declaration revokes an earlier declaration. It is presumed that a service recipient is capable of making mental health treatment decisions. The presumption is a presumption affecting the burden of proof.
(c)
A revocation is effective when a service recipient communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the service recipient's medical record.
Acts 2000, ch. 947, § 1.