Disclosure of Confidential Information Without Consent

  1. Law
  2. Tennessee Code
  3. Mental Health and Substance Abuse and Intellectual and Developmental Disabilities
  4. General Rules Applicable to Service Recipients
  5. General Rights of All Service Recipients
  6. Disclosure of Confidential Information Without Consent

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Information that is confidential under §33-3-103 may be disclosed without consent of the service recipient if:

  1. Disclosure is necessary to carry out duties under this title;
  2. Disclosure may be necessary to assure service or care to the service recipient by the least drastic means that are suitable to the service recipient's liberty and interests;
  3. As a court orders, after a hearing, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure would be contrary to public interest or to the detriment of a party to the proceedings;
  4. It is solely information as to a residential service recipient's overall medical condition without clinical details and is sought by the service recipient's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends;
  5. A service recipient moves from one service provider to another and exchange of information is necessary for continuity of service;
  6. A custodial agent for another state agency that has legal custody of the service recipient cannot perform the agent's duties properly without the information; or
  7. Necessary for the preparation of a post-mortem examination report in accordance with § 38-7-110(e) and authorized to be obtained pursuant to § 38-7-117(b).


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