Section 33-6-426 - Certification by physician required(a) If a person who is not a licensed physician executes the first certificate of need in support of hospitalization under this part, then only a licensed physician may execute the second certificate of need in support of hospitalization under this part.(b) If a person who is a licensed physician and board certified as a psychiatrist by the American Board of Psychiatry and Neurology executes the first certificate of need in support of hospitalization under this part, then the patient may be subject to admission under § 33-6-403 without the execution of a second certificate of need in support of hospitalization under this part.(c) A certificate of need in support of hospitalization pursuant to subsection (b) is not valid if: (1) It is made by a professional who is a relative by blood, marriage, or adoption, or the legal guardian, conservator, or legal custodian of the person who is the subject of the petition, application, or certificate;(2) It is made by a professional who has an ownership interest in a private facility in which the person is to be admitted; or(3) It is made by a professional who is employed by or contracts with the admitting hospital or treatment resource.(d) A certificate of need in support of hospitalization executed pursuant to subsection (b) does not relieve the hospital or treatment resource's chief officer from filing with the court, by the time of the probable cause hearing, the required certificates of need under § 33-6-421 and § 33-6-422.(e) The admitting hospital or treatment resource may rescind the certificate of need executed pursuant to subsection (b), if a licensed physician or other qualified professional in examining the patient determines that the patient no longer meets admission criteria under § 33-6-403.(f) Subsection (b) does not apply to a state-owned or -operated hospital or treatment resource or a hospital or treatment resource that contracts with the department of mental health and substance abuse services for in-patient psychiatric services.Amended by 2023 Tenn. Acts, ch. 199, s 2, eff. 7/1/2023.