Tennessee Code Annotated

Tenn. Code Ann. § 33-4-108 (2026)

Certificate of need - Basis - Contents - Violation

✓ current as of May 2026

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(a) A certificate of need for commitment for care and treatment of a person with mental illness or serious emotional disturbance is not valid for any purpose unless it is based on personal observation and examination of the person made by the professional not more than three (3) days prior to the making of the certificate. The certificate shall state the facts and reasoning on which the opinions and conclusions are based.

(b) The execution of a certificate concerning the mental condition of a person by a professional who has not personally observed and examined the person is a Class E felony.

Amended by 2024 Tenn. Acts, ch. 688,s 89, eff. 7/1/2024.

Acts 1983, ch. 323, § 16; T.C.A., §§ 33-347, 33-3-110; Acts 2000, ch. 947, § 1.

Notes of Decisions

Cited in 1 case, 2004–2004 · leading case: Pamela D. Vickroy v. Pathways, Inc., Dyersburg, TN, Kimberly Bord, J. Forstlam, M.D. Methodist Hosp., Coleman Foss, Adm'r, & W. Mental Health Inst. (Tenn. Ct. App. 2004).

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Pamela D. Vickroy v. Pathways, Inc., Dyersburg, TN, Kimberly Bord, J. Forstlam, M.D. Methodist Hosp., Coleman Foss, Adm'r, & W. Mental Health Inst. (Tenn. Ct. App. 2004). · cites it 4× “Tennessee Code Annotated § 33-4-108,6 states: (a) A certificate of need for commitment for care and treatment of a person with mental illness, serious emotional disturbance, or developmental disability is not valid for any purpose unless it is based on personal observation and…”

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