2018 Tennessee Code
Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities
Chapter 3 - General Rules Applicable to Service Recipients
Part 2 - Special Liability Rules
§ 33-3-210. Reporting to local law enforcement by a qualified mental health professional or behavior analyst of an actual threat of serious bodily harm or death against an identifiable victim.

Universal Citation: TN Code § 33-3-210 (2018)
  • (a) If a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, who has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, shall immediately report the service recipient to local law enforcement, who shall take appropriate action based upon the information reported.

  • (b) If a mental health professional or behavior analyst is required to report pursuant to subsection (a), the professional or analyst shall report the following information:

    • (1) Complete name and all aliases of the service recipient;

    • (2) Name of the mental health professional or behavior analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services;

    • (3) Date of birth of the service recipient;

    • (4) Race and sex of the service recipient; and

    • (5) Social security number of the service recipient if available.

  • (c) The information in subdivisions (b)(1)-(3), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316, 39-17-1353 and 39-17-1354.

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