2024 Tennessee Code
Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106)
Chapter 6 - MENTAL HEALTH SERVICE (§§ 33-6-101 — 33-6-1015)
Part 4 - EMERGENCY INVOLUNTARY ADMISSION TO INPATIENT TREATMENT (§§ 33-6-401 — 33-6-427)
Section 33-6-407 - Examination to determine need for hospitalization

• (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-mental health advanced practice nurse; or
  • (2) Physician assistant with a current certification from a national certifying organization as having additional qualifications in psychiatry.

• (b) A hospital or treatment resource that receives a person transported under § 33-6-406 must have a licensed physician or a qualified advanced practice provider examine the person to determine whether the person is subject to admission under § 33-6-403.

• (c) If the person is subject to admission under § 33-6-403, then the physician or qualified advanced practice provider must 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 the person who took the service recipient to the hospital or treatment resource may then apply for the admission for the purpose of emergency diagnosis, evaluation, and treatment.

• (d) If the person is not subject to admission and the sheriff or transportation agent is under a duty to remain at the hospital or treatment resource under § 33-6-406, then the sheriff or transportation agent shall return the person to the county.

• (e) If the person is not subject to admission and the sheriff or transportation agent is not under a duty to remain at the hospital or treatment resource under § 33-6-406, then the hospital or treatment resource shall return the person to the county.

• (f) A hospital, treatment resource, or healthcare provider is immune from civil liability and has an affirmative defense to criminal liability arising either from a determination relative to admission of a person to a facility or treatment resource or from the transportation of a person to and from the hospital or treatment resource.

Amended by 2023 Tenn. Acts, ch. 199, s 1, eff. 7/1/2023.

Amended by 2013 Tenn. Acts, ch. 32, s 1, eff. 3/20/2013.

Acts 2000, ch. 947, § 1; 2009 , ch. 531, § 41.