Tennessee Code Annotated

Tenn. Code Ann. § 33-6-404 (2026)

Certificate of need for emergency treatment and transportation

✓ current as of May 2026

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(1)
- (A) a licensed physician, psychologist, or designated professional takes a person into custody under § 33-6-402, OR
- (B) a person is brought to the 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 admission to a hospital or treatment resource under § 33-6-403, AND

(3)
- (A) IF
  - (i) the person is not subject to admission, THEN
  - (ii) the physician, psychologist, or designated professional shall release the person, AND
- (B) IF
  - (i) the person is subject to admission, THEN
  - (ii) the physician, psychologist, or designated professional shall 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
  - (iii) the physician, psychologist, or designated professional shall assess the person's clinical needs and need for physical restraint or vehicle security and determine the mode of transportation to the hospital in consultation with the mandatory prescreening agent, other mental health professional familiar with the person, or a knowledgeable family member, AND
  - (iv) if admission is sought at a state-owned or operated hospital or treatment resource, the physician, psychologist or designated professional shall verify that the state-owned or operated hospital or treatment resource has been contacted and has available suitable accommodations, acknowledging such verification in writing.

Acts 2000, ch. 947, § 1; 2009 , ch. 531, § 37.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 2001–2026 · leading case: Mary C. Smith v. UHS of Lakeside, Inc., 439 S.W.3d 303 (Tenn. 2014).

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Mary C. Smith v. UHS of Lakeside, Inc., 439 S.W.3d 303 (Tenn. 2014). · cites it 2× “See Tenn.Code Ann. § 33-6-404 (2007) (amended 2009) (describing the process for obtaining a certificate of need for emergency involuntary diagnosis and treatment).”

Barbara T. Collins v. HCA Health Servs. Of Tennessee, Inc., 517 S.W.3d 84 (Tenn. Ct. App. 2016). · cites it 6× “Tenn. Code Ann. § 33-6-404 (outlining the procedure for admission).”

Mercer v. HCA Health Servs. of Tennessee, Inc., 87 S.W.3d 500 (Tenn. Ct. App. 2002). “§ 33-6-103(h) (now § 33-6-404). The certificate is submitted to a general sessions court, which upon a finding of probable cause, “may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays and holidays, for…”

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 37× “Tenn. Code Ann. § 33-6-404 (2001) (emphasis added).”

In Re William B. (Tenn. Ct. App. 2021). · cites it 9× “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.”

Jessica Abeyta v. HCA Health Servs. of TN, Inc. d/b/a Parthenon Pavillion (Tenn. Ct. App. 2012). · cites it 6× “Like the case at bar, in Vickroy, the involuntary commitment statutes were at issue, specifically Tennessee Code Annotated Section 33-6-404, which states: IF (1)(A) a licensed physician, psychologist, or designated professional takes a person into custody under Section 33-6-402;…”

Riggs (W.D. Tenn. 2026). · cites it 3× “Riggs argues that the Officers failed to comply with § 33-6-404 because Lakeside took “well over an hour” to examine him.”

Hargis v. Overton Cnty., Tennessee (M.D. Tenn. 2023). · cites it 2× “) Oldham authorized Hargis’s involuntary commitment “under Tenn. Code Ann. § 33-6-402 for immediate examination under Tenn.”

Ceola Johnson, individually & on behalf of Willie Johnson, Jr. v. UHS of Lakeside, LLC (Tenn. Ct. App. 2015). · cites it 2× “1 See Tenn. Code Ann. § 33-6-404 (2), (3)(B). 2 See Tenn.”

Rene Mercer v. HCA Health Servs. of TN, Inc. (Tenn. Ct. App. 2001). “§ 33-6-103(h) (now § 33-6-404). The certificate is submitted to a general sessions court, which upon a finding of probable cause, “may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays and holidays, for…”

— Tenn. Code Ann. § 33-6-404(2) — 2 cases

Jessica Abeyta v. HCA Health Servs. of TN, Inc. d/b/a Parthenon Pavillion (Tenn. Ct. App. 2012). “Like the case at bar, in Vickroy, the involuntary commitment statutes were at issue, specifically Tennessee Code Annotated Section 33-6-404, which states: IF (1)(A) a licensed physician, psychologist, or designated professional takes a person into custody under Section 33-6-402;…”

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). “Tenn. Code Ann. § 33-6-404 (2001) (emphasis added).”

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