Tennessee Code 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.
Department: means the department of mental health and substance abuse services. See Tennessee Code 33-1-101
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Service recipient: means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
(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.
