Tennessee § 52-3-108 Reports of harm - Granting access to records - Disclosure of identity

Tennessee Statutes

§ 52-3-108 — Reports of harm - Granting access to records - Disclosure of identity

(a)Section 52-3-103 does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is:

(1)Expressly required by title 37, chapter 1, part 4;

(2)Expressly required by title 37, chapter 1, part 6;

(3)Expressly required by title 71, chapter 6; or (4) Requested by a state or federal entity investigating reports of abuse, neglect, or exploitation under the respective authority of that state or federal entity.

(b)(1) The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation, or mistreatment to the department is confidential and must not be disclosed without the person's consent, except as follows:

(A)As necessary to carry out the laws cited in subsection (a);

(B)To employees of the department

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(a) Section 52-3-103 does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is: (1) Expressly required by title 37, chapter 1, part 4; (2) Expressly required by title 37, chapter 1, part 6; (3) Expressly required by title 71, chapter 6; or (4) Requested by a state or federal entity investigating reports of abuse, neglect, or exploitation under the respective authority of that state or federal entity. (b) (1) The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation, or mistreatment to the department is confidential and must not be disclosed without the person's consent, except as follows: (A) As necessary to carry out the laws cited in subsection (a); (B) To employees of the department as necessary to investigate the report; (C) To the abuse registry established and maintained under title 68, chapter 11, part 10; (D) To the appropriate district attorney general; (E) By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation, or mistreatment; or (F) By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation, or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding. (2) The person's identity is irrelevant to any civil proceeding and is not subject to disclosure, except in cases where a caregiver or other person is the subject of a complaint and can make a showing that the complaint was made with malice so that the caregiver or other person may pursue such remedies as may be permitted by law. The person may be subpoenaed if the department or district attorney general deems it necessary to protect the person supported who is the subject of the report, but the fact that the person made the report must not be disclosed.

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