Tracking Mental Health Bills in the 2012 TN Legislative Session
Bills are listed below as a public service to help track mental-health related legislation and do not necessarily represent an endorsement or opposition to a particular bill, unless otherwise specified.
Child Custody of Parent Convicted of Violent Crime with Mental Illness – As introduced, states that a parent may not be awarded custody or visitation when the parent has been convicted of a violent crime and classified as violent or dangerous due to a mental health disorder. SB 2842/HB 2991
Civil Penalty for Breaches of Duty of Care – provides that the department may only suspend or revoke license or impose civil penalty on an entity providing mental health and developmental disability services or alcohol treatment for breaches of duty of care and not based upon vicarious liability. SB 2746/HB 3103
Competency of Criminal Defendant – Creates new procedure to determine whether a criminal defendant is competent to stand trial or to determine the defendant’s mental capacity at the time of the crime. Before ordering outpatient evaluation, the court must hear testimony on whether the defendant poses a substantial likelihood of serious harm in an outpatient situation. If likelihood exists, court shall order the defendant hospitalized for evaluation. SB 2186/HB 2504
Conservatorships – Authorizes a senior psychological examiner to provide an examination and sworn report to a court concerning conservatorship. SB 2398/HB 2456
Court-ordered Assisted Outpatient Treatment as an Alternative – authorizes a court to order assisted outpatient treatment as an alternative to inpatient treatment for a person with mental illness. SB 2921/HB 3243
Court-ordered Assisted Outpatient Treatment – Authorizes a court to order a proposed patient to receive outpatient treatment for severe and persistent mental illnesses that is 18 years of age or older and meets specified requirements concerning the necessity of treatment and the likely impact it will have. Prohibits the court from ordering outpatient treatment in excess of one year and permits applications to extend treatment. Requires the department to cover costs for indigent patients, and permits emergency detention for patients failing to comply with the court order. SB 608/HB 683
Court-ordered Evaluation of Defendant – Specifies that when a court orders a defendant charged with a misdemeanor to be evaluated for insanity or mental illness, the court shall also order the evaluation to be complete within 15 days from the time the professional evaluator receives the court order. SB 2826/HB 2962
Coverage of Psychotropic Prescription Medications – Specifies that a psychotropic drug or any drug approved by the FDA for the purpose of affecting the mood or mental state of a patient may only be provided as a medical service under TennCare for medically accepted indications as permitted by federal law. Prohibits the bureau of TennCare from paying for such drugs that are not used for certain medically indicated uses. SB 2178/ HB 2723
Department of Mental Health & Substance Abuse Services – Bill renames the “Department of Mental Health” to the Department of Mental Health and Substance Abuse Services. SB 2229/HB 2367
Disclosure of Public Records of Mental Illness – Authorizes disclosure of public records of mental illness that are more than 70 years old. SB 2756/HB 3072
Life Imprisonment for Convicted Murderers with a Mental Illness – Provides that a person with severe and persistent mental illness (at the time of the murder) cannot be executed, but may receive life in prison without parole. SB 1692/HB 2064
Psychologists Permitted to Prescribe Medications – Authorizes psychologists to prescribe medicines to patients. Requires such psychologists to be doctoral-level, practiced for at least one year, and evaluated at least 100 patients. Requires the board of examiners in psychology to develop procedures to ensure that these regulations are being enforced. Restricts such psychologists from prescribing certain medications and to certain patients, including patients concurrently under the care of a treating physician or primary care provider. SB 390/HB 749
Qualifications to Employ a Jail Administrator – Directs the Tennessee Corrections Institute board to establish criteria for determining whether to waive the minimum qualification standards to employ a jail administrator, workhouse administrator, jailer, corrections officer or guard in county jail or workhouse; and prohibits waivers for employees dishonorably discharged from the military, suffering from mental illness, convicted of domestic assault or any felony conviction. SB 2920/HB 3243
Utilization Review for Outpatient Mental Health Patients – states that after the initial utilization review, additional information or follow-up utilization review for outpatient mental health or chemical dependency patients shall be limited to no more than 10 percent of reviews performed by the utilization review agent for the previous year. SB 3144/HB 3219
Worker’s Compensation and Impairment Ratings for Mental Injuries – authorizes psychologists licensed in this state to provide impairment ratings for mental injuries in workers’ compensation cases. SB 3370/HB 3221