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Tennessee Statutes, Title 33

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Tennessee/Statutes

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Title 33, Mental Health and Substance Abuse and Intellectual and Developmental Disabilities

11 chapters · 417 sections in this title.

All chapters in Title 33417 Ch 6, Mental Health Service118 Ch 3, General Rules Applicable to Service …89 Ch 2, Services and Facilities80 Ch 10, Comprehensive Alcohol and Drug Treat…27 Ch 8, Special Provisions for Children25 Ch 1, General Provisions20 Ch 4, Special Rules for Residential Servic…19 Ch 7, Security Units and Forensic Services17 Ch 9, Interstate Provisions16 Ch 11, Opioid Abatement Council Act6

417 sections·Filtered byTitle 33✕

Tenn. Code Ann. § 33-4-203 Bond
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If the total value of the assets that are turned over to an employee for a ward does not exceed five thousand dollars ($5,000) exclusive of the burial fund, the court shall not require a bond.
Tenn. Code Ann. § 33-4-204 Duration of guardianship or conservatorship
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An employee serving as legal guardian or conservator under this part may serve under these provisions only so long as the employee continues to be an employee of the department and for up to ninety (90) days after the ward leaves the state facility.
Tenn. Code Ann. § 33-4-205 Funds received by guardian or conservator
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All funds received by a legal guardian or conservator appointed under this part shall be handled as state funds, be accountable as all other state funds, and be audited annually by the state. All earnings on the funds shall inure to the benefit of the ward. The department shall f…
Tenn. Code Ann. § 33-4-206 Other assets received by guardian or conservator
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All other assets received by a legal guardian or conservator appointed under this part shall be handled as state property, except that the legal guardian or conservator may dispose of the assets in the exercise of the appointment free of laws governing the disposition of state pr…

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Tenn. Code Ann. § 33-4-207 Disposition of assets after termination of guardianship or conservatorship

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Upon termination of the guardianship or conservatorship, all assets remaining in the estate shall be paid to the ward or to the ward's legal representative.

Tenn. Code Ann. § 33-4-208 Annual report

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An employee serving as legal guardian or conservator shall file the annual report required by title 34 with the appointing court on a form approved by the commissioner.

Tenn. Code Ann. § 33-4-209 Designation of trustees for patients or residents — Audit

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(a) The commissioner may designate employees of the department to serve as trustees for service recipients if the terms of the trust have been approved in writing by the commissioner and the attorney general and reporter. (b) All assets, funds, and other property held as a part o…

Tenn. Code Ann. § 33-4-210 Coercion of guardian, conservator or trustee — Penalty

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An employee who attempts to coerce a legal guardian, conservator, or trustee serving under this part to take any particular action as legal guardian, conservator, or trustee shall be dismissed.

Tenn. Code Ann. § 33-6-1001 Declaration for mental health treatment authorized — Contents

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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 electroc…

Tenn. Code Ann. § 33-6-1002 “Incapable of making mental health treatment decisions” defined

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(1) 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 …

Tenn. Code Ann. § 33-6-1003 Duration of declaration — Expiration — Revocation

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(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 rem…

Tenn. Code Ann. § 33-6-1004 Signature required — Witnesses

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(a) A declaration is effective only if it is signed by the service recipient and two (2) competent adult witnesses and is not signed on the premises of a mental health service provider. The witnesses shall attest that the service recipient is personally known to them; signed the …

Tenn. Code Ann. § 33-6-1005 Effective date and applicability of declaration — Compliance

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(a) A declaration becomes effective when it is signed by the declarant and all witnesses and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the service recipient has been found to be incapable of making…

Tenn. Code Ann. § 33-6-1006 Care contrary to declaration — Authorization by review committee — Emergency

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(a) The physician or other mental health service provider may provide mental health treatment to the service recipient in a manner contrary to the service recipient's wishes as expressed in a declaration for mental health treatmentIF AND ONLY IF(1) The service recipient is involu…

Tenn. Code Ann. § 33-6-1007 Declaration superior to powers of conservator

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If a conservator is appointed with powers over the person for mental health treatment, the declaration for mental health treatment shall remain in effect and shall be superior to the powers and duties of the conservator with respect to mental health treatment covered under the de…

Tenn. Code Ann. § 33-6-1008 New mental health care provider to receive copy of declaration

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(a) If a mental health service provider has a person's declaration for mental health treatment and learns that the person is being provided mental health treatment by another provider, the mental health service provider shall provide the current service provider with a copy of th…

Tenn. Code Ann. § 33-6-1009 Effect of declarations executed in another state

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A declaration for mental health treatment that is validly executed in another state by a nonresident of this state at the time of execution shall be given effect in this state if the declaration for mental health treatment is in compliance with either this part or the laws of the…

Tenn. Code Ann. § 33-6-101 Applicability of title to persons with mental illness and serious emotional disturbance

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Services to persons with mental illness and serious emotional disturbance are governed generally by this title, including chapters 1-4, 7, 8 and 9.

Tenn. Code Ann. § 33-6-1010 Incorporation into durable power of attorney for health care

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A declaration for mental health treatment may be expressed in or incorporated into a durable power of attorney for health care that is executed under title 34, chapter 6, part 2, on or after March 1, 2001. The declaration in that case shall be revocable as to mental health servic…

Tenn. Code Ann. § 33-6-1011 Immunity for actions taken or not taken in good faith reliance on declaraton

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A physician or mental health service provider who administers or does not administer mental health treatment as provided in and in good faith reliance on the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action base…

Tenn. Code Ann. § 33-6-1012 Admission to treatment not to be conditioned on execution of declaration for mental health treatment

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No mental health service provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan, or any similar insurance or medical plan, may condition admission to a mental health fac…

Tenn. Code Ann. § 33-6-1013 Destruction or alteration of declaration prohibited — Penalty

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(a) It is an offense for a person, without authorization of the service recipient, intentionally to alter, forge, conceal, or destroy a declaration for mental health treatment, the revocation of a declaration, or any other evidence or document reflecting the service recipient's d…

Tenn. Code Ann. § 33-6-1014 Standard form for declaration for mental health treatment

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(a) The department shall make available a standard form and explanation for declarations for mental health treatment in simple language and easily read type with adequate space to express the preferences and instructions of the service recipient. (b) The form shall include at lea…

Tenn. Code Ann. § 33-6-1015 Providers to have written policies and procedures relating to declarations for mental health treatment

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(a) A mental health service provider shall maintain written policies and procedures, applicable to all competent adults who receive mental health treatment from the service provider, that provide for:(1) Delivering to service recipients the following information and material, in …

Tenn. Code Ann. § 33-6-102 Development of system — Purpose

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The department shall maintain a system to assure the most appropriate and effective services for publicly funded service recipients.

Tenn. Code Ann. § 33-6-103 Priority population — Standards of care — Funding — Legislative intent — Contract with licensed community mental health agency

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(a) The department shall identify adults with severe disabling mental illness and children with serious emotional disturbance. (b) Persons described in subsection (a) are a priority population for the department's mental health services and supports. The department shall set the …

Tenn. Code Ann. § 33-6-104 Community-based screening process — Prescreening agents

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(a) The department shall maintain a community-based screening process designed to provide alternatives to hospitalization, minimize length of confinement, promote speedy return to the community, and maximize each service recipient's ability to remain in a community setting. (b) A…

Tenn. Code Ann. § 33-6-105 Certificate of need required for admission of publicly funded person — Psychiatric emergency services — Funding for services for uninsured persons

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(a) A person with mental illness or serious emotional disturbance shall not be involuntarily admitted or committed to a state owned or operated hospital or treatment resource under chapter 6, part 4, of this title unless a mandatory prescreening agent provides one of the certific…

Tenn. Code Ann. § 33-6-106 Persons not meeting admission criteria

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(a) If a mandatory prescreening agent performs the initial evaluation of a person for admission and determines that the person does not meet admission criteria, the mandatory prescreening agent shall assure that the person has alternative services available and offered if appropr…

Tenn. Code Ann. § 33-6-107 Treatment review committees

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(a) All inpatient providers of mental health services shall have treatment review committees to make decisions for service recipients who are admitted to inpatient facilities and lack capacity under § 33-3-218 as determined under rules adopted under § 33-3-217 to make decisions f…

Tenn. Code Ann. § 33-6-108 Admissions to a state-owned or operated hospital or treatment resource

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Notwithstanding any other law to the contrary, all admissions or transfers to a state-owned or operated hospital or treatment resource shall be subject to available suitable accommodations, as defined in § 33-1-101, and no admission to a state-owned or operated hospital or treatm…

Tenn. Code Ann. § 33-6-109 Quarterly report on the implementation and impact of available suitable accommodations

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The department shall report quarterly to the health committee of the house of representatives, the health and welfare committee of the senate, and the finance, ways and means committees of both the house of representatives and the senate on the implementation and the impact of av…

Tenn. Code Ann. § 33-6-201 Persons who may apply for voluntary admission

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(a) The following persons may apply for admission to a public or private hospital or treatment resource for diagnosis, observation and treatment of a mental illness or serious emotional disturbance:(1) A person who is sixteen (16) years of age or over and who does not lack capaci…

Tenn. Code Ann. § 33-6-202 Admission upon finding of need for hospitalization

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Upon application, if an examination by an admitting physician determines the need for hospitalization, the chief officer of a public hospital shall admit and the chief officer of a private hospital or treatment resource may admit the person. If the service recipient is a child, t…

Tenn. Code Ann. § 33-6-203 Limitations on admission of child

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No unemancipated child may be admitted under this part for more than one (1) six-month period in any twelve-month period unless the admissions review committee approves further hospitalization.

Tenn. Code Ann. § 33-6-204 Admissions review committee — Members — Expenses

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The admissions review committee consists of four (4) persons. Two (2) members shall be appointed from the hospital or treatment resource by the chief officer and two (2) members shall be appointed from the community contiguous to the hospital or treatment resource by the chair of…

Tenn. Code Ann. § 33-6-205 Approval of commitment

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The admissions review committee shall approve continued hospitalization by a vote of at least three (3) of its members. The committee may recommend the person's continued hospitalization for a period not to exceed six (6) months. If the committee does not approve continued hospit…

Tenn. Code Ann. § 33-6-206 Request for release

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(a) The following persons may at any time request the service recipient's release by filing a written application with the chief officer:(1) An adult service recipient;(2) A service recipient's conservator;(3) A service recipient's attorney in fact under a durable power of attorn…

Tenn. Code Ann. § 33-6-207 Procedure for release following request

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If the chief officer receives a request for discharge under § 33-6-206 and does not admit the service recipient under chapter 6, part 4 of this title, the chief officer shall release the service recipient, if a child, within twenty-four (24) hours and, if an adult, within twelve …

Tenn. Code Ann. § 33-6-208 Notification of parent, guardian or custodian prior to release of child

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The chief officer shall notify the parent, legal guardian, or legal custodian of a service recipient who is a child, before releasing the child. If the chief officer has reason to believe that the child is likely to be dependent and neglected upon release, then the chief officer …

Tenn. Code Ann. § 33-6-301 “Severe impairment” defined

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(1) For purposes of this part, unless the context requires otherwise, “severe impairment” means a condition in which an adult or an emancipated child:(1) As a result of a mental illness or serious emotional disturbance:(A) Is in danger of serious physical harm resulting from the …

Tenn. Code Ann. § 33-6-302 Detention of persons with severe impairments — Record

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(a) No person shall be detained under this part except in a treatment resource that provides psychiatric services, twenty-four hour crisis services, and supervised observation beds, participates in mandatory prescreening authority under § 33-6-104, and is approved by the departme…

Tenn. Code Ann. § 33-6-303 Examination of person

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A physician shall examine the person as soon as practicable but at least within six (6) hours after the person arrives at the treatment resource.

Tenn. Code Ann. § 33-6-304 Detention following finding of severe impairment

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(1) IF AND ONLY IF(1) the physician determines that the person has a mental illness or serious emotional disturbance for which immediate observation, care and treatment in a treatment resource is appropriate, AND(2) the physician determines that the person is experiencing “severe…

Tenn. Code Ann. § 33-6-305 Extended detention after confirmation of initial finding

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(1) IF AND ONLY IF(1) another physician examines the person and confirms the determination of the first examining physician under § 33-6-304 within twelve (12) hours after the time the person arrived, AND(2) the person is admitted to an extended observation bed for observation, c…

Tenn. Code Ann. § 33-6-306 Notice of status and rights as service recipient

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At the time of admission to an extended observation bed, the person shall be given written notice of the person's status and rights as a service recipient under this title. The notice shall contain the service recipient's name. The notice shall be provided to the same persons and…

Tenn. Code Ann. § 33-6-307 Request for release

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If the person or anyone acting on the person's behalf demands that the person be released and the chief officer does not detain the person in conformity with chapter 6, part 4 or 5 of this title, the chief officer shall discharge the person.

Tenn. Code Ann. § 33-6-308 Release of person no longer in need of immediate care

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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 …

Tenn. Code Ann. § 33-6-309 Admission of person to treatment facility beyond seventy-two-hour period

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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 shal…

Tenn. Code Ann. § 33-6-310 Monitoring of admissions to ensure service recipients' rights

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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.