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
§ 33-3-218. Decision making capacity of recipient.

Universal Citation: TN Code § 33-3-218 (2018)
  • IF
  • (1)

    • (A) a service recipient, due to intellectual disability or mental impairment related to a developmental disability, is unable to make an informed decision about application for admission to a developmental center under § 33-5-301, request discharge under § 33-5-303, or a routine medical, dental, or mental health treatment, OR

    • (B) a service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201, requesting discharge under § 33-6-206, inpatient mental health treatment, release of information, or getting information, AND

  • (2) the incapacity is shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, or the available alternative procedures,

    THEN

  • (3) the person "lacks capacity" under this title for decision about that matter at this time.

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