Tennessee Code Annotated
Tenn. Code Ann. § 33-3-103 (2026)
Confidentiality of mental health records
✓ current as of May 2026
All applications, certificates, records, reports, legal documents, and pleadings made and all information provided or received in connection with services applied for, provided under, or regulated under this title and directly or indirectly identifying a service recipient or former service recipient shall be kept confidential and shall not be disclosed by any person except in compliance with this part.
Acts 2000, ch. 947, § 1.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2010–2022 · leading case: In re Centerstone (Tenn. Crim. App. 2017).
In re Centerstone (Tenn. Crim. App. 2017). “Centerstone argues that a judicial subpoena issued pursuant to Tennessee Code Annotated section 40-17-123 is not a valid mechanism for discovery of mental health records, which are made confidential by Tennessee Code Annotated section 33-3-103. Instead, Centerstone maintains…”
Boyd v. Youth Opportunity Investments, LLC (TV1) (E.D. Tenn. 2022). “§ 37-1-612 (a), and mental health, Tenn. Code Ann. § 33-3-103 . In addition, Tennessee Code Annotated § 37-5-107 provides “all records, reports and all legal documents and records made or information received that directly or indirectly identify a child .”
State of Tennessee v. Michael Presson (Tenn. Crim. App. 2014). “Tennessee Code Annotated section 33-3-105 addresses the disclosure of confidential mental health records and states in relevant part: Information that is confidential under § 33-3-103 3 may be disclosed without 3 Section 33-3-103 states: Confidentiality of mental health records.”
State v. John Cote & Sarah Cote, In Re: Dr. Sandra Elkins (Tenn. Ct. App. 2010). “Tennessee Code Annotated section 33-3-105 addresses the disclosure of confidential mental health records and states in relevant part: Information that is confidential under § 33-3-103 may be disclosed without consent of the service recipient if: 10 45 CFR § 164.”
In Re Lucas H. (Tenn. Ct. App. 2021). “This statute provides, in pertinent part: Information that is confidential under § 33-3-103[ ] may be disclosed without the consent of the service recipient if: (3) As a court orders, after a hearing, upon its determination that disclosure is necessary for the conduct of…”
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