Section 33-6-407 - Examination to determine need for hospitalization(a) As used in this section, "qualified advanced practice provider" means an individual working in collaboration with a licensed physician, and who is a: (1) Licensed advanced practice nurse with a current certification from a national certifying organization as a psychiatric-mental health advanced practice nurse; or(2) Physician assistant with a current certification from a national certifying organization as having additional qualifications in psychiatry.(b) A hospital or treatment resource that receives a person transported under § 33-6-406 must have a licensed physician or a qualified advanced practice provider examine the person to determine whether the person is subject to admission under § 33-6-403.(c) If the person is subject to admission under § 33-6-403, then the physician or qualified advanced practice provider must complete a certificate of need for the emergency diagnosis, evaluation, and treatment showing the factual foundation for the conclusions on each item of § 33-6-403, and the person who took the service recipient to the hospital or treatment resource may then apply for the admission for the purpose of emergency diagnosis, evaluation, and treatment.(d) If the person is not subject to admission and the sheriff or transportation agent is under a duty to remain at the hospital or treatment resource under § 33-6-406, then the sheriff or transportation agent shall return the person to the county.(e) If the person is not subject to admission and the sheriff or transportation agent is not under a duty to remain at the hospital or treatment resource under § 33-6-406, then the hospital or treatment resource shall return the person to the county.(f) A hospital, treatment resource, or healthcare provider is immune from civil liability and has an affirmative defense to criminal liability arising either from a determination relative to admission of a person to a facility or treatment resource or from the transportation of a person to and from the hospital or treatment resource.Amended by 2023 Tenn. Acts, ch. 199, s 1, eff. 7/1/2023.Amended by 2013 Tenn. Acts, ch. 32, s 1, eff. 3/20/2013.Acts 2000, ch. 947, § 1; 2009 , ch. 531, § 41.