Tennessee § 33-10-404 - Part definitions.

§ 33-10-404. Part definitions.

As used in this part, unless the context otherwise requires: “Approved private treatment facility” means a private agency meeting the standards prescribed by the department and licensed by the department of mental health and substance abuse services; “Approved public social services facility” means a not-for-profit social services agency meeting the standards prescribed by the local courts acting in consultation with the county health department; “Approved public treatment facility” means a not-for-profit treatment agency operating under the direction and control of or approved by the health department of any county to which this part applies or providing treatment under this part through a contract with the department and licensed by the department of mental health and substance abuse services; “Custodial health officer” means an employee of the county health department trained in detecting intoxication or incapacitation, or both, of persons due to the consumption of alcohol or drugs, or both, and also trained in the proper handling and transport of those persons; “Department” means the health department of any county to which this part applies; “Director” means the director of the health department of any county to which this part applies; “Health professional” means a person trained and licensed in the health sciences, including medical doctors, registered nurses and licensed practical nurses; “Incapacitated by alcohol” means that a person, as a result of the use of alcohol, is unconscious or that the person's judgment is otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment, is unable to take care of the person's basic personal needs or safety or lacks sufficient understanding or capacity to make or communicate rational decisions concerning the person's welfare; “Intoxicated person” or “person intoxicated by alcohol” means any person who meets a condition or the conditions set forth in § 39-17-310; “Licensed physician” means either a physician licensed by this state or a hospital-licensed physician employed by the admitting facility; “Magistrate” or “judicial commissioner” means those officials as defined by § 40-5-101 or created by § 40-5-201; and “Treatment” means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological care or social service care, or both, vocational rehabilitation or career counseling, or both, that may be extended to alcoholics and intoxicated persons. Acts 1990, ch. 639, § 3; 1991, ch. 376, §§ 1, 2; 1993, ch. 234, § 8; T.C.A., § 33-8-504 ; Acts 2000, ch. 947, § 6; 2009, ch. 186, § 29; T.C.A. § 68-24-504 ; Acts 2010, ch. 1100, § 24; 2012, ch. 575, § 1. Code Commission Notes. Acts 2009, ch. 186, § 29 purported to transfer this section from § 68-24-504 to § 33-10-504 ; however, § 68-24-504 was transferred to § 33-10-404 by the code commission. Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health (now commissioner of mental health and substance abuse services), the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.