Tennessee HB 508: Mental Illness - As introduced, allows courts to order a person into a program of assisted outpatient mental health treatment upon finding certain conditions are met; provides a process for certain persons to petition a court on behalf of a proposed patient; establishes criteria for the evaluation of proposed patients and reporting to the court by physicians and certain mental health professionals. - Amends TCA Title 33.

Bill Text

SENATE BILL 179
By Massey

HOUSE BILL 508
By Rudd

HB0508
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AN ACT to amend Tennessee Code Annotated, Title 33,
relative to mental health treatment.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 33, Chapter 6, is amended by adding
the following new part:
33-6-1101. "Substantial likelihood of serious harm to other persons" defined for
part.
IF AND ONLY IF
(1) a person has threatened or attempted:
(A) homicide; or
(B) an act of mass violence toward persons or property; AND
(2) there is a substantial likelihood that the homicide or act of mass
violence will occur unless the person is placed under involuntary treatment,
THEN
(3) the person poses a "substantial likelihood of serious harm to other
persons" for purposes of this part.
33-6-1102. Eligibility for mandatory outpatient treatment by petition.
IF
(1) on the basis of a review of the person's history before and during the
period of time during which a petition filed pursuant to this part is under
consideration, the mental health court concludes that:

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(A) the person has a mental illness or serious emotional
disturbance or has a mental illness or serious emotional disturbance in
remission,
(B) the person's condition resulting from mental illness or serious
emotional disturbance is likely to deteriorate rapidly to the point that the
person will pose a substantial likelihood of serious harm to other persons
under § 33-6-1101 unless treatment occurs,
(C) the person is likely to participate in outpatient treatment with a
legal obligation to do so,
(D) the person is not likely to participate in outpatient treatment
unless legally obligated to do so, and
(E) mandatory outpatient treatment is a suitable less drastic
alternative to inpatient commitment,
THEN
(2) the person is eligible to be subjected to an obligation to participate in
a medically appropriate outpatient treatment, including, but not limited to,
psychotherapy, medication, or day treatment, under a plan approved by the
mental health court and the outpatient qualified mental health professional.
33-6-1103. Filing of petition with mental health court.
(a) An individual eligible under § 33-6-1105 may file a petition with a mental
health court in the county where a person permanently resides, alleging that the person
is eligible to be subjected to an obligation to participate in medically appropriate
outpatient treatment, including, but not limited to, psychotherapy, medication, or day
treatment, under a plan complying with § 33-6-1104, because:
(1) The person meets the criteria in § 33-6-1102(1)(A)-(E); and

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(2) The person has, on two (2) or more separate occasions, presented a
substantial likelihood of serious harm to other persons.
(b) A petition filed pursuant to this section is a statement under oath, and the
petitioner is subject to perjury under § 39-16-702 for knowingly false information
contained in the petition.
33-6-1104. Hearing on petition – Outpatient treatment plan.
(a) A mental health court shall, upon receipt of a petition filed pursuant to § 33-6-
1103, set the date for a hearing. The date must be no later than fourteen (14) days from
the date the petition is received by the court, excluding Saturdays, Sundays, and legal
holidays. Adjournments may be permitted only for good cause shown. The court shall
cause the proposed patient, another person to whom notice is due under this chapter,
the petitioner, and other persons for whom the court determines a need exists, to be
advised of the date. Upon the hearing date, or upon another date to which the
proceeding may be adjourned, the court shall hear testimony and, if it is deemed
advisable and the proposed patient is available, examine the proposed patient in or out
of court. If the proposed patient does not appear at the hearing, and appropriate
attempts to elicit the attendance of the proposed patient have failed, then the court may
conduct the hearing in the proposed patient's absence. In that case, the court shall set
forth the factual basis for its determination to conduct the hearing in the patient's
absence.
(b) If the petition for mandatory outpatient treatment submitted under § 33-6-
1103 indicates that the person has not submitted to an examination in the ten (10) days
prior to the filing of the petition, then the court may request the person to submit to an
examination by a physician or a professional designated under § 33-6-427(a) or (b)
appointed by the court. If the person does not consent and the court finds reasonable

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cause to believe that the allegations in the petition are true, then the court may order law
enforcement officers to take the person into custody and transport the person to a
community mental health center or emergency room for examination by a physician or a
professional designated under § 33-6-427(a) or (b). Transportation must be conducted
in accordance with parts 4 and 9 of this chapter. The