Tennessee § 33-3-901 - Wrongful hospitalization or admission — Instituting wrongful action — Penalties — Immunity.

§ 33-3-901. Wrongful hospitalization or admission — Instituting wrongful action — Penalties — Immunity.

A person commits a Class E felony who: Without probable cause to believe a person has developmental disability, mental illness, or serious emotional disturbance, causes or conspires with or assists a third person to cause the hospitalization or admission of the person under this title; or Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title. A person commits a Class E felony who: Without probable cause to believe a person has developmental disability, mental illness, or serious emotional disturbance executes a petition, application, or certificate under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, admission, or restraint of the person; or Knowingly makes any false certificate or application under this title. The commissioner or the chief officer of any hospital, developmental center, or treatment resource acting pursuant to this title shall be entitled to rely in good faith upon the representations made for admission by any person or any certification with respect to any person made by a professional authorized to provide certificates under this title or any court. All persons acting in good faith, reasonably and without negligence in connection with the preparation of petitions, applications, certificates or other documents or the apprehension, detention, discharge, examination, transportation or treatment of a person under this title shall be free from all liability, civil or criminal, by reason of the acts. Acts 1965, ch. 38, § 6; 1974, ch. 802, § 17; 1975, ch. 248, § 1; T.C.A., § 33-304; Acts 1984, ch. 922, § 2; 1986, ch. 570, § 2; 1989, ch. 591, § 29; T.C.A., § 33-3-102 ; Acts 2000, ch. 947, § 1. Compiler's Notes. Former chapter 3, §§ 33-3-101 — 33-3-112 , 33-3-201 — 33-3-203 , 33-3-301 — 33-3-303 , 33-3-401 — 33-3-412 , 33-3-501 — 504, 33-3-601 — 33-3-603 , 33-3-605 — 33-3-19 , 33-3-623 , 33-3-701 — 33-3-711 , 33-3-801 , 33-3-901 — 33-3-908 (Acts 1955, ch. 187, § 1; 1965, ch. 38, §§ 4-7, 16-19, 23-26; 1974, ch. 802, §§ 17-20, 22-25, 29-32; 1975, ch. 248, §§ 1, 5-7, 11; 1976, ch. 489, §§ 1, 2; 1976, ch. 763, §§ 1, 2, 10; 1977, ch. 482, § 11; 1978, ch. 533, §§ 3-5; 1978, ch. 533, § 7; 1978, ch. 877, §§ 1, 2; 1979, ch. 366, § 15; 1980, ch. 838, § 5; 1983, ch. 323, § 4-7, 9, 12, 15, 16; T.C.A. §§ 33-303 — 33-307, 33-309 — 33-312, 33-317 — 33-320, 33-330 — 33-337, 33-345 — 33-347, 33-355, 33-360 — 33-362, 33-364 — 33-378, 33-382, 33-610, 33-1101; Acts 1984, ch. 922, §§ 2-5, 7, 16-23, 34; 1984, ch. 986, §§ 1, 2; 1985, ch. 437, §§ 6-13, 33; 1986, ch. 570, §§ 2-4; 1986, ch. 836, § 3, 5; 1987, ch. 143, §§ 2, 3, 7; 1988, ch. 828, § 1; 1989, ch. 278, §§ 30-33; 1989, ch. 513, §§ 2, 5-13; 1989, ch. 591, §§ 29-31, 113; 1992, ch. 991, § 13; 1993, ch. 66, § 44; 1993, ch. 439, § 1; 1993, ch. 356, § 4; 1994, ch. 630, §§ 1, 2; 1994, ch. 743, § 1; 1995, ch. 320, § 1; 1995, ch. 411, § 1; 1996, ch. 669, § 1; 1996, ch. 675, § 15; 1996, ch. 1079, §§ 31-47, 49-56; 2000, ch. 947, § 6); § 33-3-304 (Acts 1974, ch. 464, § 1; 1975, ch. 248, § 20; T.C.A., § 33-702), which was previously repealed by Acts 1984, ch. 922, § 33; § 33-3-604 (Acts 1983, ch. 323, § 9; T.C.A., § 33-363), which was repealed by Acts 1984, ch. 922, § 33; § 33-3-620 , which was previously transferred to § 33-6-104(e) and (f) in 1984; § 33-3-621 , which was previously transferred to § 33-6-104(g) in 1984; and § 33-3-622 , which was previously transferred to § 33-6-104(h) in 1984, is deleted and replaced in the revision of title 33 by Acts 2000, ch. 947, § 1, effective March 1, 2001. Cross-References. Penalty for Class E felony, § 40-35-111 . Attorney General Opinions. Detention of mentally ill patients, OAG 07-092 (6/11/07), 2007 Tenn. AG LEXIS 92.