Tennessee Code Title 33. Mental Health and Substance Abuse and Intellectual and Developmental Disabilities § 33-8-202

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) If a child with serious emotional disturbance or mental illness is sixteen (16) years of age or older, the child has the same rights as an adult with respect to outpatient and inpatient mental health treatment, medication decisions, confidential information, and participation in conflict resolution procedures under this title except as provided in part 3 of this chapter, or as otherwise expressly provided in this title. If the child's parent, legal guardian, legal custodian, or treating professional believes that the child's decision to terminate treatment, other than a request for discharge under chapter 6, part 2 of this title, will have severe adverse effects on the child, the conflict resolution procedures under chapter 2, part 6 of this title shall be used.

(b) An outpatient facility or professional may provide treatment and rehabilitation without obtaining the consent of the child's parent, legal guardian, or legal custodian.

(1) As used in this subsection (c):

(A) “Prescription records” means documents, data, or other recorded information created, maintained, or transmitted by a licensed healthcare provider, pharmacy, or other authorized entity that relate to prescribing, dispensing, or administering of medication to a patient, including written, electronic, or verbal prescriptions, medication orders, dosage instructions, refill authorizations, dispensing logs, pharmacy records, and modifications, renewals, or cancellations of a prescription; and

(B) “Rehabilitation records”:

(i) Means records concerning a diagnosis, treatment recommendation, discharge summary, or prescribed course of action provided by a healthcare provider to a patient in connection with rehabilitation services; and

(ii) Does not include personal notes, statements, or communications originating from the patient that are documented, interpreted, or formalized by the provider as part of the medical record.

(2) A child's parent, legal guardian, or legal custodian may access prescription records and rehabilitation records resulting from treatment provided to an unemancipated minor pursuant to this section.

(3) Notwithstanding subdivision (c)(2), a child's parent, legal guardian, or legal custodian shall not access prescription records or rehabilitation records resulting from treatment provided to an unemancipated minor pursuant to this section if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605, and the treating professional believes that access to prescription records or rehabilitation records is reasonably likely to endanger the life or physical safety of the minor.

(4) If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then the treating professional shall, in addition to any other duties required by law, report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian.

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Cite this article: FindLaw.com - Tennessee Code Title 33. Mental Health and Substance Abuse and Intellectual and Developmental Disabilities § 33-8-202 - 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-33-8-202/

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