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2018 Tennessee Code
Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities
Chapter 6 - Mental Health Service
Part 10 - Declarations for Mental Health Treatment
§ 33-6-1002. "Incapable of making mental health treatment decisions" defined.

Universal Citation: TN Code § 33-6-1002 (2018)
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  • 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 proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR

    • (B) (i) (a) two (2) physicians examine a person, OR

      (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND

      • (ii) the examiners determine that the 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 proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness,

        THEN

  • (2) the person is incapable of making mental health treatment decisions for purposes of this part.

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