Information about a service recipient that is confidential under § 33-3-103 may be disclosed with the consent of:

(1) The service recipient who is sixteen (16) years of age or over;
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Terms Used In Tennessee Code 33-3-104

  • Child: means a person who is under eighteen (18) years of age. See Tennessee Code 33-1-101
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • 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
(2) The conservator of the service recipient;
(3) The attorney in fact under a power of attorney who has the right to make disclosures under the power;
(4) The parent, legal guardian, or legal custodian of a service recipient who is a child;
(5) The service recipient’s guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;
(6) The treatment review committee for a service recipient who has been involuntarily committed;
(7) The executor, administrator or personal representative on behalf of a deceased service recipient;
(8) The caregiver under title 34, chapter 6, part 3; or
(9) An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or a person‘s surrogate as designated under title 68, chapter 11, part 18.
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