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TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION

TENNESSEE CODE ANNOTATED

Title 33 Mental Health and Intellectual and Developmental Disabilities

Chapter 1 General Provisions

Part 1 Definitions

33-1-101. Title definitions.

As used in this title, unless the context otherwise requires:

(1) “Alcohol abuse” means a condition characterized by the continuous or episodic use of alcohol resulting in social impairment, vocational impairment, psychological dependence or pathological patterns of use;

(2) “Alcohol dependence” means alcohol abuse that results in the development of tolerance or manifestations of alcohol abstinence syndrome upon cessation of use;

(3) “Available suitable accommodations” or “suitable available accommodations” means that a state-owned or operated hospital or treatment resource has the capacity, as reasonably determined by the commissioner, and the medical capability, equipment and staffing to provide an appropriate level of care, treatment and physical security to an individual in an unoccupied and unassigned bed;

(4) “Chief officer” means the person with overall authority for a public or private hospital, developmental center, treatment resource, or developmental disabilities service or facility, or the person's designee;

(5) “Child” means a person who is under eighteen (18) years of age;

(6) “Commissioner” means the commissioner of mental health when the statute at issue relates to mental illness or serious emotional disturbance and means the commissioner of intellectual and developmental disabilities when the statute at issue relates to intellectual and developmental disabilities;

(7) (A) “Community mental health center” means an entity that:

(i) Provides outpatient services, including specialized outpatient services for persons of all ages with a serious mental illness, and persons who have been discharged from inpatient treatment at a hospital or treatment resource;

(ii) Provides twenty-four hour a day emergency care services;

(iii) Provides day treatment or other partial hospitalization services, or psychosocial rehabilitation services;

(iv) Provides screening for persons being considered for admission to state mental health facilities to determine the appropriateness of the admission; and

(v) Has community participation in its planning, policy development, and evaluation of services;

(B) “Community mental health center” includes for profit corporations and private entities qualified as tax exempt organizations under Internal Revenue Code, § 501(c)(3), codified in 26 U.S.C. § 501(c)(3), or public entities created by private act of the general assembly that, prior to July 1, 1992, were approved providers in the state under the medicaid clinic option and grantees of the department and the successor or surviving corporation of any such entity that underwent a corporate name change or corporate restructuring after July 1, 1992;

(8) “Consent” means voluntary agreement to what is reasonably well understood regardless of how the agreement is expressed;

(9) “Department” means the department of mental health when the statute at issue deals with mental illness or serious emotional disturbance and means the department of intellectual and developmental disabilities when the statute at issue deals with intellectual and developmental disabilities;

(10) “Developmental center” means a department of intellectual and developmental disabilities facility or part of it that provides residential and habilitation services to persons with intellectual disabilities;

(11) (A) “Developmental disability” in a person over five (5) years of age means a condition that:

(i) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(ii) Manifested before twenty-two (22) years of age;

(iii) Likely to continue indefinitely;

(iv) Results in substantial functional limitations in three (3) or more of the following major life activities:

(a) Self-care;

(b) Receptive and expressive language;

(c) Learning;

(d) Mobility;

(e) Self-direction;

(f) Capacity for independent living; or

(g) Economic self-sufficiency; and

(v) Reflects the person's need for a combination and sequence of special interdisciplinary or generic services, supports, or other assistance that is likely to continue indefinitely and need to be individually planned and coordinated;

(B) “Developmental disability” in a person up to five (5) years of age means a condition of substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disability as defined for persons over five (5) years of age if services and supports are not provided;

(12) “Drug abuse” means a condition characterized by the continuous or episodic use of a drug or drugs resulting in social impairment, vocational impairment, psychological dependence or pathological patterns of use;

(13) “Drug dependence” means drug abuse that results in the development of tolerance or manifestations of drug abstinence syndrome upon cessation of use;

(14) “Hospital” means a public or private hospital or facility or part of a hospital or facility equipped to provide inpatient care and treatment for persons with mental illness or serious emotional disturbance;

(15) “Indigent person” means a service recipient whose resources, including property, assets, and income, are insufficient, under chapter 2, part 11 of this title, to pay for the cost of providing services and supports and who does not have a responsible relative or other legally responsible person who is able to pay for the cost of providing the services and supports;

(16) (A) “Intellectual disability” means, for the purposes of the general functions of the department as set forth in § 4-3-2701(b), substantial limitations in functioning:

(i) As shown by significantly sub-average intellectual functioning that exists concurrently with related limitations in two (2) or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work; and

(ii) That are manifested before eighteen (18) years of age;

(B) “Mental retardation” means, until March 1, 2002, significantly sub-average general intellectual functioning existing concurrently with deficits in adaptive behavior that are manifested during the developmental period;

(C) References to “mental retardation” in this title shall be deemed to be references to “intellectual disability”;

(17) “Licensed physician” means a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M.D.) who is duly licensed in the state, or an osteopathic physician who is a graduate of a recognized osteopathic college authorized to confer the degree of doctor of osteopathy (D.O.) and who is licensed to practice osteopathic medicine in the state;

(18) “Medical capability” means that a state-owned or operated hospital or treatment resource has the ability to treat an individual's medical needs onsite or that the individual's medical needs do not exceed the onsite capability of the state-owned or operated hospital or treatment resource to treat;

(19) “Mental illness” means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities;

(20) “Qualified mental health professional” means a person who is licensed in the state, if required for the profession, and who is a psychiatrist; physician with expertise in psychiatry as determined by training, education, or experience; psychologist with health service provider designation; psychological examiner or senior psychological examiner; licensed master's social worker with two (2) years of mental health experience or licensed clinical social worker; marital and family therapist; nurse with a master's degree in nursing who functions as a psychiatric nurse; professional counselor; or if the person is providing service to service recipients who are children, any of the above educational credentials plus mental health experience with children;

(21) “Responsible relative” means the parent of an unemancipated child with mental illness, serious emotional disturbance, alcohol dependence, drug dependence, or developmental disabilities who is receiving service in programs of the department or any relative who accepts financial responsibility for the care and service of a service recipient;

(22) “Serious emotional disturbance” means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology;

(23) “Service recipient” means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness, serious emotional disturbance, or a developmental disability;

(24) [Deleted by 2011 amendment.]

(25) “Support” means any activity or resource that enables a service recipient to participate in a service for mental illness, serious emotional disturbance, or developmental disabilities or in community life; and

(26) “Treatment resource” means any public or private facility, service, or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses, and rehabilitation centers.

Acts 2000, ch. 947, § 1; 2001, ch. 334, § 1; 2002, ch. 730, § 1; 2006, ch. 674, § 1; 2008, ch. 1016, § 3; 2009, ch. 531, §§ 31, 32; 2010, ch. 734, § 1; 2010, ch. 1100, §§ 25-27; 2011, ch. 158, §§ 10-12.

Compiler's Notes. Former chapter 1, §§ 33-1-101, 33-1-201 - 33-1-209, 33-1-301 - 33-1-303 (Acts 1965, ch. 38, §§ 2, 8; 1965, ch. 82, §§ 1-2, 4-7; 1965, ch. 305, § 1; 1971, ch. 247, § 1; 1972, ch. 644, §§ 1, 2; 1973, ch. 85, § 1; 1973, ch. 127, §§ 3, 4; 1973, ch. 341, §§ 1, 2, 5-7; 1974, ch. 802, §§ 3, 5-7, 16, 21; 1975, ch. 248, §§ 1, 4; 1976, ch. 806, § 1(95); 1978, ch. 533, § 2; 1978, ch. 853, § 10; 1981, ch. 98, §§ 3, 4; 1981, ch. 224, § 2; T.C.A., §§ 33-301 - 33-302, 33-104 - 33-107, 33-308; 1984, ch. 794, § 11; 1984, ch. 922, § 1; 1986, ch. 570, § 1; 1987, ch. 98, § 1; 1988, ch. 623, § 1; 1990, ch. 920, § 1; 1990, ch. 1024, §§ 17-18; 1992, ch. 991, § 12; 1994, ch. 861, §§ 1-4; 1996, ch. 993, § 1; 1997, ch. 305, § 1; 1997, ch. 534, § 1; 1999, ch. 466, § 1; 2000, ch. 947, § 6; 2000, ch. 981, § 53) was deleted and replaced in the revision of title 33 by Acts 2000, ch. 947, § 1, effective March 1, 2001.

Acts 2000, ch. 947, § 9 provided that the act does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before its effective date.

For the Preamble to the act concerning the operation and funding of state government and to fund the state budget for the fiscal years beginning on July 1, 2008, and July 1, 2009, please refer to Acts 2009, ch. 531.

For the Preamble to the act regarding changing the term “mental retardation” to “intellectual disability”, please refer to Acts 2010, ch. 734.

Acts 2010, ch. 734, § 1 provided that the Tennessee code commission is directed to change all references to “mental retardation”, wherever such references appear in titles 33, 39 and 41, to “intellectual disability”, as supplements are issued and volumes are replaced.

Acts 2010, ch. 734, § 7 provided that for purposes of each provision amended by the act, a reference to intellectual disability shall be considered to refer to mental retardation, as defined by that provision on the day before the date of enactment of the act.

Acts 2010, ch. 734, § 8 provided that nothing in the act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of the act.

Acts 2010, ch. 1100, §§ 25-27 amended the definitions of “commissioner”, “department” and “intellectual disability” effective January 15, 2011. Prior to January 15, 2011, the definitions of “commissioner”, “department” and “intellectual disability” read as set out in the amendment notes. On and after January 15, 2011, the definitions of “commissioner”, “department” and “intellectual disability” read as set out above.

Acts 2010, ch. 1100, § 27(a) purported to amend this section by substituting “Intellectual disability” for “Mental retardation” at the beginning of subdivision (A) of the former definition of “mental retardation”, effective January 15, 2011. Acts 2010, ch. 734, § 1 made the same amendment to the former definition of “mental retardation” effective April 9, 2010; therefore, the amendment by Acts 2010, ch. 1100, § 27(a) was not given effect.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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