Current through Acts 2023-2024, ch. 1069
Section 52-3-601 - Wrongful commitment - Penalty - Liability(a) A person commits a Class E felony who:(1) Without probable cause to believe a person has an intellectual or developmental disability, causes or conspires with or assists a third person to cause the hospitalization or commitment of the person under this title; or(2) Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title.(b) A person commits a Class E felony who:(1) Without probable cause to believe a person has a developmental or intellectual disability, executes a petition, complaint, or certificate of need under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, restraint, or commitment of the person; or(2) Knowingly makes any false certificate of need or complaint under this title.(c) The commissioner or commissioner's designee acting pursuant to this title is entitled to rely in good faith upon the representations made for commitment by any person authorized to provide certificates under this title or any court.(d) All persons acting in good faith, reasonably and without negligence in connection with the preparation of petitions, complaints, certificates of need, or other documents or the apprehension, detention, discharge, examination, transportation, or treatment of a person under this title are free from all liability, civil or criminal, by reason of the acts.Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.