Tennessee Code Annotated

Tenn. Code Ann. § 33-6-403 (2026)

Admission to treatment facility

✓ current as of May 2026

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(a) IF AND ONLY IF:
- (1) A person has a mental illness or serious emotional disturbance, AND
- (2) The person poses an imminent substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance, AND
- (3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND
- (4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person,
  THEN
- (5) The person may be admitted and detained by a hospital or treatment resource for emergency diagnosis, evaluation, and treatment under this part.

(b)
- (1) There is a rebuttable presumption that a person meets the standard in subsection (a) for emergency admission to a hospital or treatment resource if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness.
- (2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose an imminent substantial likelihood of serious harm.

Amended by 2024 Tenn. Acts, ch. 784,s 13, eff. 7/1/2024.

Amended by 2024 Tenn. Acts, ch. 725,s 2, eff. 4/16/2024.

Acts 2000, ch. 947, § 1.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 2002–2022 · leading case: Dorothy King v. Virginia Betts, 354 S.W.3d 691 (Tenn. 2011).

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Dorothy King v. Virginia Betts, 354 S.W.3d 691 (Tenn. 2011). · cites it 4× “They continued to prepare and dispense all required medications during their respective shifts, but they were 1 See Tenn. Code Ann. §§ 33-6-401 and 33-6-501 (2007).”

Barbara T. Collins v. HCA Health Servs. Of Tennessee, Inc., 517 S.W.3d 84 (Tenn. Ct. App. 2016). · cites it 5× “” Under Tennessee Code Annotated Section 33-6-403, a detainee “may be admitted and detained by a hospital .”

Mercer v. HCA Health Servs. of Tennessee, Inc., 87 S.W.3d 500 (Tenn. Ct. App. 2002). “§ 33-6-403 adds "or serious emotional disturbance.”

State v. Simmons, 108 S.W.3d 881 (Tenn. Crim. App. 2002). · cites it 2× “, Tenn.Code Ann. §§ 33-6-403(5), -410, -411(3), -412(3) (2001).”

Jessica Abeyta v. HCA Health Servs. of TN, Inc. d/b/a Parthenon Pavillion (Tenn. Ct. App. 2012). · cites it 8× “onal takes a person into custody under Section 33-6-402; OR (B) a person is brought to such a physician, psychologist, or designated professional for examination under this section, THEN (2) the physician, psychologist, or designated professional shall immediately examine the…”

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 6× “-5- (B) a person is brought to such a physician, psychologist, or designated professional for examination under this section, THEN (2) the physician, psychologist, or designated professional shall immediately examine the person and decide whether the person is subject to…”

In Re William B. (Tenn. Ct. App. 2021). · cites it 3× “See also Tenn. Code Ann. § 33-6-404 (involving the situation where a person “is brought to” a medical provider “for examination under this section” to determine “whether the person is subject to admission to a hospital or treatment resource under § 33-6-403”); cf.”

Ceola Johnson, individually & on behalf of Willie Johnson, Jr. v. UHS of Lakeside, LLC (Tenn. Ct. App. 2015). · cites it 4× “Johnson] is subject to admission under [Tennessee Code Annotated Section 33-6-403].”4 The court also ordered that a probable cause hearing be held on July 27, 2012.”

Morrow v. Metro. Gov't of Nashville & Davidson Cnty., Tennessee (M.D. Tenn. 2022). · cites it 2× “If the general sessions court finds that there is probable cause to believe that the defendant is subject to admission to a hospital or treatment resource under § 33-6-403, the court may order the defendant admitted for not more than five (5) days from the date of the order,…”

State of Tennessee v. Larry D. Simmons & Tyce Renard Jackson (Tenn. Crim. App. 2002). · cites it 2× “, Tenn. Code Ann. §§ 33-6-403 (5), -410, -411(3), -412(3) (2001).”

— Tenn. Code Ann. § 33-6-403(4) — 1 case

Dorothy King v. Virginia Betts, 354 S.W.3d 691 (Tenn. 2011). “They continued to prepare and dispense all required medications during their respective shifts, but they were 1 See Tenn. Code Ann. §§ 33-6-401 and 33-6-501 (2007).”

— Tenn. Code Ann. § 33-6-403(5) — 1 case

State v. Simmons, 108 S.W.3d 881 (Tenn. Crim. App. 2002). “, Tenn.Code Ann. §§ 33-6-403(5), -410, -411(3), -412(3) (2001).”

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