Tennessee Code Annotated
Tenn. Code Ann. § 33-3-104 (2026)
Persons who may consent to disclosure of confidential information
✓ current as of May 2026
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;
- (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.
Amended by 2013 Tenn. Acts, ch. 238,s 4, eff. 7/1/2013.
Acts 2000, ch. 947, § 1; 2004, ch. 565, § 3.
Notes of Decisions
Cited in 4
cases, 1987–2017 · leading case: State v. Fox, 733 S.W.2d 116 (Tenn. Crim. App. 1987).
State v. Fox, 733 S.W.2d 116 (Tenn. Crim. App. 1987). “The correct reference for disclosure is T.C.A. § 33-3-104(10)(C).”
In re Centerstone (Tenn. Crim. App. 2017). “Tennessee Code Annotated section 33-3-104 establishes several avenues for voluntary disclosure of confidential information, but none of those options are available in this case.”
State v. Allen & Coen (Tenn. Crim. App. 2010). “The prosecuting attorney never examined them. As a result, the records remained under seal and were never made available to defense counsel.”
Bowlin v. Bowlin (Tenn. Ct. App. 1999). “2 See T.C.A. § 33-3-104(10)(A)(iv)(Supp. 1998).”
— Tenn. Code Ann. § 33-3-104(1) — 1 case
In re Centerstone (Tenn. Crim. App. 2017). “Tennessee Code Annotated section 33-3-104 establishes several avenues for voluntary disclosure of confidential information, but none of those options are available in this case.”
— Tenn. Code Ann. § 33-3-104(10)(A)(iv) — 3 cases
In re Centerstone (Tenn. Crim. App. 2017). “Tennessee Code Annotated section 33-3-104 establishes several avenues for voluntary disclosure of confidential information, but none of those options are available in this case.”
State v. Allen & Coen (Tenn. Crim. App. 2010). “The prosecuting attorney never examined them. As a result, the records remained under seal and were never made available to defense counsel.”
Bowlin v. Bowlin (Tenn. Ct. App. 1999). “2 See T.C.A. § 33-3-104(10)(A)(iv)(Supp. 1998).”
— Tenn. Code Ann. § 33-3-104(10)(C) — 1 case
State v. Fox, 733 S.W.2d 116 (Tenn. Crim. App. 1987). “The correct reference for disclosure is T.C.A. § 33-3-104(10)(C).”
— Tenn. Code Ann. § 33-3-104(2) — 1 case
In re Centerstone (Tenn. Crim. App. 2017). “Tennessee Code Annotated section 33-3-104 establishes several avenues for voluntary disclosure of confidential information, but none of those options are available in this case.”
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