Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Tennessee Code Title 33. Mental Health and Substance Abuse and Intellectual and Developmental Disabilities § 33-3-109 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-33-mental-health-and-substance-abuse-and-intellectual-and-developmental-disabilities/tn-code-sect-33-3-109/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)