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TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION

TENNESSEE CODE ANNOTATED

Title 33 Mental Health and Intellectual and Developmental Disabilities

Chapter 3 General Rules Applicable to Service Recipients

Part 1 General Rights of All Service Recipients

33-3-109. Release of information to family members and other designated persons - Acceptance of information from family members of service recipients.

(a) A service recipient for services under chapter 6 of this title shall be given an opportunity to approve and sign an information release that authorizes the facility or program to release certain information concerning the recipient to certain family members and other designated persons. This opportunity shall be offered when the recipient is entering inpatient or outpatient treatment at a facility, admitted in an emergency room, entering in a crisis response setting, or admitted in ongoing treatment with a community mental health care provider. This opportunity shall be offered to the recipient at the time of admission, periodically during treatment, and at discharge.

(b) The service recipient may withdraw authority to release all information previously authorized, withdraw authority to release the information to any individuals previously authorized or modify either the type of information authorized in subsection (c) or the individuals to whom the information may be provided. All such changes must be executed in writing by the service recipient or:

(1) The conservator of the service recipient;

(2) The attorney in fact under a power of attorney who has the right to make disclosures under the power;

(3) The parent, legal guardian, or legal custodian of a service recipient who is a child;

(4) The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;

(5) The treatment review committee for a service recipient who has been involuntarily committed;

(6) The executor, administrator or personal representative on behalf of a deceased service recipient; or

(7) The caregiver under title 34, chapter 6, part 3.

(c) The information release shall provide the service recipient options for authorized disclosures to:

(1) Specified family members that discloses only location;

(2) Specified family members who are to be involved with discharge instructions and linking to other services; and

(3) Specified family who are to be involved in and supportive in the treatment process.

(d) The department shall encourage education of mental health care providers regarding accepting information from family members in the course of the treatment process.

Acts 2007, ch. 356, § 1; 2008, ch. 789, § 1.

Compiler's Notes. Former § 33-3-109 (Acts 2000, ch. 947, § 1), concerning adjudications of competence not confidential records that must be kept separate, was repealed by Acts 2002, ch. 735, § 9.

Acts 2002, ch. 730, § 13, purported to amend § 33-3-109; however, that section was repealed by Acts 2002, ch. 735, § 9.

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