Tennessee Code Annotated
Tenn. Code Ann. § 33-3-105 (2026)
Disclosure of confidential information without consent
✓ current as of May 2026
Information that is confidential under § 33-3-103 may be disclosed without consent of the service recipient if:
- (1) Disclosure is necessary to carry out duties under this title;
- (2) Disclosure may be necessary to assure service or care to the service recipient by the least drastic means that are suitable to the service recipient's liberty and interests;
- (3) As a court orders, after a hearing, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure would be contrary to public interest or to the detriment of a party to the proceedings;
- (4) It is solely information as to a residential service recipient's overall medical condition without clinical details and is sought by the service recipient's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends;
- (5) A service recipient moves from one service provider to another and exchange of information is necessary for continuity of service;
- (6) A custodial agent for another state agency that has legal custody of the service recipient cannot perform the agent's duties properly without the information; or
- (7) Necessary for the preparation of a post-mortem examination report in accordance with § 38-7-110(e) and authorized to be obtained pursuant to § 38-7-117(b).
Amended by 2016 Tenn. Acts, ch. 672,s 1, eff. 3/29/2016.
Acts 2000, ch. 947, § 1; 2002, ch. 730, § 10.
Notes of Decisions
Cited in 57
cases (20 in the last 5 years), 2010–2026 · leading case: Hannah Ann Culbertson v. Randall Eric Culbertson, 455 S.W.3d 107 (Tenn. Ct. App. 2014).
Hannah Ann Culbertson v. Randall Eric Culbertson, 455 S.W.3d 107 (Tenn. Ct. App. 2014). “The court may, when it deems appropriate, order an examination of a party pursuant to Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party pursuant to §…”
Andrew K. Armbrister v. Melissa H. Armbrister, 414 S.W.3d 685 (Tenn. 2013). “The court may, when it deems appropriate, order an examination of a party pursuant to Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party pursuant to §…”
Frederick Jerome Brown, Jr. v. Roxana Isabel Brown, 571 S.W.3d 711 (Tenn. Ct. App. 2018). “The court order required by § 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction of the…”
In re Centerstone (Tenn. Crim. App. 2017). “After careful consideration, we conclude that access to the confidential mental health records must come by way of the procedure set forth in Tennessee Code Annotated section 33-3-105 rather than through a judicial subpoena issued pursuant to section 40- 17-123.”
In Re Lucas H. (Tenn. Ct. App. 2021). “Tenn. Code Ann. § 33-3-105 (3). Specifically, Father asserts that if a trial court, after a hearing on the matter, finds that the privileged records are “necessary for the conduct of proceedings,” it can compel the disclosure of such 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.”
William Lane Lanier v. Corie J. Lanier (Tenn. Ct. App. 2016). “8 may, when it deems appropriate, order an examination of a party pursuant to Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party pursuant to §…”
Brent Dewayne Carr v. Kellie Renea Carr (Tenn. Ct. App. 2018). “The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3). The court order required by…”
Ashley Herman v. Daniel Herman (Tenn. Ct. App. 2012). “2 Rather, he argues that Tenn. Code Ann. § 33-3-105 allows disclosure of these records.”
David Bryan Hawk v. Crystal Goan Hawk (Tenn. Ct. App. 2016). “The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3). The court order required by…”
Randall Charles Harrell v. Chassity Necole Harrell (Tenn. Ct. App. 2016). “The court may, when it deems appropriate, order an examination of a party pursuant to Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party pursuant to §…”
Jade C. Nunnally v. Adam Nunnally (Tenn. Ct. App. 2017). “The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3). The court order required by…”
Tenn. Code Ann. § 33-3-105(3): 52 cases
Hannah Ann Culbertson v. Randall Eric Culbertson, 455 S.W.3d 107 (Tenn. Ct. App. 2014). “The court may, when it deems appropriate, order an examination of a party pursuant to Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party pursuant to §…”
Andrew K. Armbrister v. Melissa H. Armbrister, 414 S.W.3d 685 (Tenn. 2013). “The court may, when it deems appropriate, order an examination of a party pursuant to Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party pursuant to §…”
Frederick Jerome Brown, Jr. v. Roxana Isabel Brown, 571 S.W.3d 711 (Tenn. Ct. App. 2018). “The court order required by § 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction of the…”
In re Centerstone (Tenn. Crim. App. 2017). “After careful consideration, we conclude that access to the confidential mental health records must come by way of the procedure set forth in Tennessee Code Annotated section 33-3-105 rather than through a judicial subpoena issued pursuant to section 40- 17-123.”
William Lane Lanier v. Corie J. Lanier (Tenn. Ct. App. 2016). “8 may, when it deems appropriate, order an examination of a party pursuant to Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party pursuant to §…”
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