Tennessee POST Commission narrows who may perform preemployment psychologicals for officers

The Tennessee Peace Officer Standards and Training Commission voted Feb. 21 to limit who may provide preemployment psychological evaluations for peace‑officer applicants to licensed psychiatrists or licensed psychologists. The commission acted after staff reported a written opinion from the Tennessee Department of Health that left the issue unclear and after commissioners expressed concern about liability and variable qualifications among mental‑health providers.

Commission staff told members the statutory language requires an applicant to be “certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field,” and that Department of Health staff did not consider licensed professional counselors with a mental‑health services provider endorsement (LPC‑MHSP) to meet that description. Commissioners debated whether restricting evaluations to psychiatrists or psychologists would create access problems, but several said they preferred the higher level of credentialing to reduce liability and future challenges.

After discussion, Commissioner Russell moved and the commission seconded a motion that psychological evaluations required by POST statute and rules be performed by a licensed psychiatrist or licensed psychologist. The motion carried on a voice vote.

Commission members who spoke during the debate cited two concerns: (1) difficulty finding psychiatrists in some regions and (2) the risk that lower‑level credentials could produce evaluations that expose agencies or the commission to legal or operational risk. One commissioner said psychiatric and psychological evaluations are becoming “an express lane” issue and favored a stricter standard to protect communities and officers.

Staff said the Department of Health’s opinion is advisory, and the commission could adopt a definitive position. Commissioners discussed whether to take an administrative vote to formalize the interpretation; one commissioner asked for a recorded commission vote so staff would have a clear, commission‑level determination to apply when processing preemployment packets.

The commission did not adopt implementing language changing its rules at the meeting; staff said a vote and a written directive would clarify review practice for incoming preemployment paperwork.

The action leaves existing packets completed by LPC‑MHSPs on file but directs that future statutorily required psychiatric/psychological certifications come from psychiatrists or psychologists unless the commission later amends its rule or the legislature changes statute.