Tennessee legislation · 114th General Assembly
Tennessee HB853: AN ACT to amend Tennessee Code Annotated, Title 33; Title 36; Title 37; Title 49; Title 63 and Title 68, relative to healthcare treatment of minors.
Status: Chaptered, May 18, 2026
Fiscal Summary NOT SIGNIFICANT Bill Summary MEDICAL RECORDS Mental Health If a child with serious emotional disturbance or mental illness is 16 or older, present law provides, with certain exceptions, that the child has the same rights as an adult with respect to treatment, medication decisions, confidential information, and participation in conflict resolution procedures. However, a child's parent, legal guardian, or legal custodian may access prescription records resulting from such treatment provided to an unemancipated minor. This bill adds that such parent, guardian, or custodian may also access all mental health treatment, medical, and rehabilitation records resulting from such treatment. However, present law provides that the above outlined exception is not available if the treating professional is required to report abuse of the unemancipated minor and believes that parental access to the prescription records is reasonably likely to endanger the life or physical safety of the minor. This bill adds that when such circumstances are met, such access to mental health treatment, medical, or rehabilitation records is also prohibited. Health Facilities and Resources Present law provides that hospital records are, and must remain, the property of the various hospitals, subject, however, to a court order to produce the records. However, if an unemancipated minor receives medical treatment, then the minor's parent, legal guardian, legal custodian, or other person with medical decision-making authority for such minor may access, and a healthcare provider or healthcare facility must provide, any prescription records resulting from medical treatment of the minor, even if the treatment was provided to the unemancipated minor without parental consent, including treatment provided for a sexually transmitted disease, contra
What the bill says
From the amended text:
Senate Health and Welfare 1 Amendment No. 2 to SB0259 Crowe Signature of Sponsor AMEND S e n ate Bill No. 259* House Bill No. 853 by deleting all language after the enacting clause and substituting: SECTION 1. Tennessee Code Annotated, Section 33-8-202(c), is amended by deleting the subsection and substituting: (c) Notwithstanding subsections (a) and (b), and to the extent allowable by federal privacy laws and regulations: (1) As used in this subsection (c): (A) "Prescription records" mean 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) Mean 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, SA0970 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 …