1. (1) “Examiner” means a physician, licensed practitioner, registered nurse, or qualified mental health professional.

2. (2) “Lacks capacity” means that the person is:

   1. (a) Unable to understand a proposed procedure or treatment; or
   2. (b) Unable to understand the risks and benefits of such procedure or treatment; or
   3. (c) Unable to understand the risks and benefits of any available alternative to the procedure or treatment; or
   4. (d) Unable to understand the risks and benefits of not receiving the procedure or treatment.
3. (3) “Licensed physician” means a graduate of an accredited medical school authorized to confer the degree of Doctor of Medicine (M.D.) who is duly licensed in the state, or an osteopathic physician who is a graduate of a recognized osteopathic college authorized to confer the degree of Doctor of Osteopathy (D.O.) and who is licensed to practice osteopathic medicine in the state.
4. (4) “Licensed practitioner” means an individual who is licensed and qualified to direct or provide care, treatment, and services in accordance with state law and regulation, applicable federal law and regulation, and organizational policy.
5. (5) “Mental illness”, as defined in T.C.A. § 33-1-101(19), means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities.
6. (6) “Qualified mental health professional” means a person who is licensed in the state, if required for the profession, and who is a psychiatrist; physician with expertise in psychiatry as determined by training, education, or experience; psychologist with health service provider designation; psychological examiner, or senior psychological examiner; licensed master’s social worker with two (2) years of mental health experience or licensed clinical social worker; marital and family therapist; nurse who has a master’s degree in nursing who functions as a psychiatric nurse; professional counselor; or if the person is providing service to patients who are children, any of the above educational credentials plus mental health experience with children.
7. (7) “Serious emotional disturbance” means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology.

Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-101, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2- 302, 33-3-217, and 33-3-218. Administrative History: Original rule filed December 29, 2005; effective March 14, 2006. Amendments filed December 22, 2025; effective March 22, 2026.