Tennessee Code 33-3-302 – Transfer to veterans’ administration facilities
Terms Used In Tennessee Code 33-3-302
- Commissioner: means the commissioner of mental health and substance abuse services. See Tennessee Code 33-1-101
- Conviction: A judgement of guilt against a criminal defendant.
- 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. See Tennessee Code 33-1-101
- Mental illness: means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities as defined in title 52. See Tennessee Code 33-1-101
- 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. See Tennessee Code 33-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Upon receipt of a certificate of the veterans’ administration that facilities are available for the care or treatment of a person ordered hospitalized pursuant to chapter 6, part 5 of this title, in any hospital for the care or treatment of persons with mental illness or serious emotional disturbance and that the person is eligible for care or treatment in a veterans’ hospital or facility of the agency located in this state, the commissioner may cause the person’s transfer to the veterans’ hospital or facility of the United States for hospitalization in this state. No person shall be transferred to a veterans’ hospital or facility of the United States if the person is confined based on conviction of a criminal offense, or if the person has been acquitted of the charge solely on the ground of mental illness, unless prior to the transfer, the court originally ordering confinement of the person enters an order for the transfer after appropriate motion and hearing. A person transferred to a veterans’ hospital or facility shall be considered to be hospitalized by the veterans’ administration of the United States under the original order of hospitalization.