Tenn. Comp. R. & Regs. 0940-03-01-.06 - SUPERINTENDENT'S DECISION

(1) The superintendent shall review the recommendation of the licensed physician(s) to release or not release the patient and other relevant information. The recommendation of the licensed physician(s) does not bind the superintendent.

(2)

(a) If the superintendent finds that the patient is ready to be released and is not subject to judicial review under T.C.A. § 33-6-110, he shall order the patient's release under T.C.A. §§ 33-6-109 or 33- 6-201.

(b) If the superintendent finds that the patient is ready to be released and the patient is subject to release under T.C.A. § 33-6-110, the superintendent shall implement the procedures specified in T.C.A. §§ 33-6-110.

(c) If the superintendent finds that the patient is not ready to be released, he shall so order and direct the patient's continued hospitalization under the authority of his hospitalization.

(3) Notices:

(a) The superintendent shall give notice of release of any involuntarily committed patient to the committing court. In addition, if the patient was hospitalized following an insanity acquittal, before release, the superintendent shall give written notice of his order of release to the patient, the licensed physicians, the district attorney for the committing court, and the director of special services.

(b) If the superintendent finds that the patient is not ready to be released, he shall give written notice of his order of continued hospitalization to the patient and the licensed physicians.

(4) The superintendent's decision is final.

Notes

Tenn. Comp. R. & Regs. 0940-03-01-.06

Original rule filed November 9, 1978; effective December 25, 1978. Amendment filed July 11, 1984; effective August 10, 1984.

Authority: T.C.A. §§ 33-1-204 and 33-1-205.