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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. § 33-6-311 Service under this part not substitute for outpatient care
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Service under this part shall not be used instead of assessment or evaluation that can be performed on an outpatient basis.
Tenn. Code Ann. § 33-6-401 Emergency detention
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(1) 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, (1) A person has a mental illness or …
Tenn. Code Ann. § 33-6-402 Detention without warrant authorized
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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 …
Tenn. Code Ann. § 33-6-403 Admission to treatment facility
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(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, trainin…

Showing 251–300 of 417

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Tenn. Code Ann. § 33-6-404 Certificate of need for emergency treatment and transportation

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(1) 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, (1) (A) a licensed physician, psycho…

Tenn. Code Ann. § 33-6-406 Transportation of detainee to treatment facility

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(a) If the person certified for admission under § 33-6-404 is not already at the facility, hospital or treatment resource at which the person is proposed to be admitted, the physician, psychologist or designated professional who completed the certificate of need under § 33-6-404 …

Tenn. Code Ann. § 33-6-407 Examination to determine need for hospitalization

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(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-ment…

Tenn. Code Ann. § 33-6-408 Admission of person already at treatment facility

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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 t…

Tenn. Code Ann. § 33-6-410 Admission of detainee to state facility

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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, ev…

Tenn. Code Ann. § 33-6-411 Admission of detainee to private or local facility with contractual relationship with state

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(1) 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 th…

Tenn. Code Ann. § 33-6-412 Admission of detainee to other private or local facility — Payment for services

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(1) 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), A…

Tenn. Code Ann. § 33-6-413 Notice of admission to general sessions court — Notice of defendant's rights and status

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(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 …

Tenn. Code Ann. § 33-6-414 Detention for twenty-four (24) hours if judge not available

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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.

Tenn. Code Ann. § 33-6-415 Treatment not to render defendant unable to participate in probable cause hearing

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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 sh…

Tenn. Code Ann. § 33-6-416 Order of admission — Notice to next of kin or representative

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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 ne…

Tenn. Code Ann. § 33-6-417 Release or transfer prior to hearing

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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…

Tenn. Code Ann. § 33-6-418 Procedure for probable cause hearing

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Probable cause proceedings under § 33-6-422 shall be conducted in conformity with §§ 33-3-610—33-3-615.

Tenn. Code Ann. § 33-6-419 Notice to court of legal representation — Appointment of counsel

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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)…

Tenn. Code Ann. § 33-6-420 Waiver of hearing

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If the defendant consents in writing to a waiver of hearing, counsel may waive the hearing upon proper notice to the court.

Tenn. Code Ann. § 33-6-421 Filing of certificates of need

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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 a…

Tenn. Code Ann. § 33-6-422 Finding of probable cause — Involuntary commitment for care for up to fifteen (15) days

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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…

Tenn. Code Ann. § 33-6-423 Release of defendant if findings not made by court

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(1) 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…

Tenn. Code Ann. § 33-6-424 Release of defendant if chief officer determines certificates of need not supported by facts

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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 hol…

Tenn. Code Ann. § 33-6-425 Detention not to be at jail or other criminal custodial facility unless defendant under arrest for crime

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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.

Tenn. Code Ann. § 33-6-426 Certification by physician required

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(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 …

Tenn. Code Ann. § 33-6-427 Authority of licensed psychologist or other mental health professional

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(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 commissione…

Tenn. Code Ann. § 33-6-501 “Substantial likelihood of serious harm” defined

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(1) 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 s…

Tenn. Code Ann. § 33-6-502 Prerequisites to judicial commitment for involuntary care and treatment

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(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 …

Tenn. Code Ann. § 33-6-503 Two (2) certificates of need required — Defendants under sixteen (16) years of age

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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 § …

Tenn. Code Ann. § 33-6-504 Persons who may file complaint for commitment under this part

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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…

Tenn. Code Ann. § 33-6-505 Commitment to state facility

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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 ti…

Tenn. Code Ann. § 33-6-506 Commitment to other public or private facility

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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.

Tenn. Code Ann. § 33-6-507 Commitment to contract facility — Conformance with contract

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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 d…

Tenn. Code Ann. § 33-6-508 Commitment to non-state facility where third-party payment has been arranged

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(1) 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 t…

Tenn. Code Ann. § 33-6-509 Suitable accommodations required

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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 commi…

Tenn. Code Ann. § 33-6-510 Person eligible for care as armed forces veteran

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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 availab…

Tenn. Code Ann. § 33-6-601 Disclosure of patient information relating to outpatient treatment

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(1) 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) …

Tenn. Code Ann. § 33-6-602 Release from hospitalization subject to outpatient treatment

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(1) 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 perso…

Tenn. Code Ann. § 33-6-603 Outpatient treatment plan

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(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'…

Tenn. Code Ann. § 33-6-604 Review of plan

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(1) 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, (1) the person requests judicial review of the treatment plan within forty-eight (48) hours after being advised …

Tenn. Code Ann. § 33-6-605 Discharge of patient — Notice to court of discharge subject to outpatient treatment

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(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, (1) (A) the person does not request judicial review of the discharge plan, OR(B) the court approves an outpatie…

Tenn. Code Ann. § 33-6-606 Amendment of outpatient treatment plan

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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.

Tenn. Code Ann. § 33-6-607 Payment for outpatient services

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(1) 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…

Tenn. Code Ann. § 33-6-608 Admission to treatment facility — Outpatient care suspended — Outpatient care reinstituted following release

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(1) 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, (1) a person who has been discharged subject to the obligation to participate in outpatien…

Tenn. Code Ann. § 33-6-609 Failure to comply with outpatient treatment plan — Action to enforce

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(1) 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 procee…

Tenn. Code Ann. § 33-6-610 Hearing to determine compliance — Findings — Order to comply — Recommitment upon failure or inability to comply

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(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, …

Tenn. Code Ann. § 33-6-611 Failure to appear at hearing — Custody order — Transportation to hospital — Admission — Notice to attorney or other representative

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(1) 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 treatme…

Tenn. Code Ann. § 33-6-612 Failure to appear where no affidavit by qualified mental health professional

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(1) 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, (1) the qualified mental health professional has not …

Tenn. Code Ann. § 33-6-613 Substitution of qualified mental health professional

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A person's qualified mental health professional shall appoint a qualified mental health professional as a substitute in the absence of the appointing professional.

Tenn. Code Ann. § 33-6-614 Findings by qualified mental health professional — Release

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(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 treat…