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General Rights of All Service Recipients - Tenn. Code Ann. § 33-3-103 et seq.

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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient, if he or she is over the age of 16, may consent to the disclosure of information relating to their mental health. The following may also consent to disclosure:
·         The patient’s conservator
·         A person with power of attorney
·         A parent or legal guardian or custodian if the patient is under 16
·         The patient’s guardian ad litem
·         A treatment review committee if the patient has been involuntarily committed
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         The disclosure is necessary to carry out the statute
·         For purposes of delivering services to the recipient in the least drastic way
·         To family members, a conservator, legal guardian or custodian, or friends, provided that the disclosure is limited to information regarding the patient’s overall medical condition
·         When a patient moves to a different services provider and the disclosure is necessary to ensure continuity of services
·         A state agency has custody of the patient and cannot provide services without the disclosure
·         As required by mandated reporting laws, such as the child and elder abuse reporting statutes
·         To law enforcement if a crime that is sexual in nature or that resulted in bodily harm is committed on the facility premises
Disclosure Pursuant to Court Order:
Confidential information may be disclosed pursuant to court order, if the court determines after a hearing that failure to make the disclosure would contravene the public interest and would not be to the detriment of a party to the proceeding.
A person who violates the statute is guilty of a Class C misdemeanor. 

Current as of June 2015