33-1-303 - Powers of commissioner.

33-1-303. Powers of commissioner.

The commissioner may:

     (1)  Select and recommend to the appropriate state officials the employment of the chief officers of all facilities of the department, all central office personnel, and all professional, technical and other personnel required for the operation of the department;

     (2)  Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department;

     (3)  Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with mental illness, serious emotional disturbance, or developmental disabilities;

     (4)  Publish a report on the operation of the department and the facilities and programs under its supervision and the department's three-year plan; furnish the report and plan to the governor and members of the general assembly; and further distribute them as the commissioner, with the approval of the governor, may consider proper;

     (5)  Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults and mental health and developmental disabilities service recipients and make the compilations available in print and on the Internet;

     (6)  Prescribe and distribute the forms to be used in connection with the admission, hospitalization or release of service recipients in the department's facilities;

     (7)  Alter the department's facilities and grounds and name them;

     (8)  Order the transfer of service recipients between state facilities;

     (9)  Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by service recipients and others that are alleged to arise out of acts of omission or commission of those personnel;

     (10)  Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department; and

     (11)  Assume general responsibility for the proper and efficient operation of the department, its facilities, services and supports.

[Acts 1965, ch. 82, §§ 4, 7; 1974, ch. 802, §§ 4, 7; 1975, ch. 248, § 1; T.C.A., §§ 33-104, 33-107; Acts 1990, ch. 1024, § 17; 1992, ch. 991, § 12; T.C.A., § 33-1-203, former § 33-1-303; Acts 2000, ch. 947, §§ 1, 6.]