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;

Terms Used In Tennessee Code 33-3-105

  • Consent: means voluntary agreement to what is reasonably well understood regardless of how the agreement is expressed. 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.
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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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