Information on Mental Health Law in Tennesseee NOTE: This information was taken from TCA Annotated. There may be other legislation on the subject worth reviewing. Tennessee laws apply to someone who needs treatment but is unable to seek it voluntarily Tennessee mental health laws outline what steps must be followed and what standards must be met before someone can be ordered into treatment in the hospital. Treatment Advocacy Center. (2011). Initiating Court-Ordered Assisted Treatment Inpatient, Outpatient and Emergency Hospitalization Standards by State. Retrieved August 26, 2011, from http://www.treatmentadvocacycenter.org/storage/documents/initiating_cou urt- setting. Other Ordered_Treatment.pdf The following are laws applicable to circumstances that may arise in the hospital laws may also apply to specific settings and should be reviewed as needed at: ***************************** TN.GOV. (2011). Office general counsel http://tn.gov/mental/legalcounsel/olc.html Tennessee Code Annotated (2011) 33-6-304 Detention following finding of severe impairment 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 the person is experiencing severe impairment that is likely to result in serious harm to the person, 3) The person may be detained for observation, care and treatment and further examination for up to twelve (12) hours from the time the person arrived at the treatment resource Tennessee Code Annotated (2011) 33-6-401 Emergency Detention 1) a person has a mental illness or serious emotional disturbance, AND 2) the person poses an immediate substantial likelihood of serious harm under 33-6-501 because of the mental illness or serious emotional disturbance, 3) the person may be detained under 33-6-402 to obtain examination for certification of need for care and treatment. Tennessee Code Annotated (2011) 33-6-501 Substantial likelihood of serious harm defined. (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, (3) the person poses a substantial likelihood of serious harm for purposes of this title. Tennessee Code Annotated (2011) 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. Tennessee Code Annotated (2011) 33-6-403 Admission to treatment facility. (1) a person has a mental illness or serious emotional disturbance, AND (2) the person poses an immediate 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,
(5) the person may be admitted and detained by a hospital or treatment resource for emergency diagnosis, evaluation, and treatment under this part. Tennessee Code Annotated (2011) 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, (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, (ii) the physician, psychologist, or designated professional shall release the person, AND (B) IF (i) the person is subject to admission, (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 pre-screening 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. Tennessee Code Annotated (2011) 33-6-406 Transportation of detainee to treatment facility. (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 shall give the sheriff or the transportation agent designated under part 9 of this chapter the original of the certificate and turn the person over to the custody of the sheriff or transportation agent who shall transport the person to a hospital or treatment resource that has available suitable accommodations for the person for proceedings under 33-6-407; provided, that, if admission is sought to a state-owned or operated hospital or treatment resource, the physician, psychologist or designated professional who completed the certificate of need under 33-6-404 shall also provide to the sheriff or transportation agent a written statement verifying that the state-owned or operated hospital or treatment resource has been contacted and has available suitable accommodations, and the sheriff or transportation agent shall not be required to take custody of the person for transportation unless both the original of the certificate and the written statement are provided. Failure of the sheriff or other county transportation agent to provide both a certificate of need and the written statement to the receiving state-owned or operated hospital or treatment resource for proceedings under 33-6-407 shall result in all costs attendant to the person's admission and treatment being assessed to the transporting county. (b) (1) Before transportation begins, the sheriff or transportation agent shall notify the hospital or treatment resource at which the person is proposed to be admitted as to where the person is and the best estimate of anticipated time of arrival at the hospital or treatment resource. (2) The sheriff or transportation agent shall notify the hospital or treatment resource of the
anticipated time of arrival. If the sheriff or transportation agent has given notice and arrives at the hospital or treatment resource within the anticipated time of arrival, then the sheriff or transportation agent is required to remain at the hospital or treatment resource long enough for the person to be evaluated for admission under 33-6-407, but not longer than one (1) hour and forty-five (45) minutes. After one (1) hour and forty-five (45) minutes, the person is the responsibility of the evaluating hospital or treatment resource, and the sheriff or transportation agent may leave. (3) [Deleted by 2009 amendment.] (4) In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census of population or any subsequent federal census, the provisions of subdivisions (b)(1)-(3) do not apply, and the sheriff or transportation agent is relieved of further transportation duties after the person has been delivered to the hospital or treatment resource, and transportation duties shall be assumed by appropriate personnel of the hospital or treatment resource.