(a) The following persons may at any time request the service recipient‘s release by filing a written application with the chief officer:

Terms Used In Tennessee Code 33-6-206

  • Chief officer: means the person with overall authority for a public or private hospital or treatment resource, or the person's designee. See Tennessee Code 33-1-101
  • Child: means a person who is under eighteen (18) years of age. See Tennessee Code 33-1-101
  • Consent: means voluntary agreement to what is reasonably well understood regardless of how the agreement is expressed. See Tennessee Code 33-1-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Service recipient: means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) An adult service recipient;
(2) A service recipient’s conservator;
(3) A service recipient’s attorney in fact under a durable power of attorney for health care;
(4) The parent, legal custodian, or legal guardian who applied for the admission of a child;
(5) A child who is sixteen (16) years of age or over and who was admitted on the child’s own application;
(6) A caregiver under title 34, chapter 6, part 3, who is acting on behalf of a child; or
(7) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or a person‘s surrogate as designated under title 68, chapter 11, part 18.
(b) If a competent service recipient cannot file a written request, a person acting on the service recipient’s behalf may file the request with the service recipient’s consent.
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