2024 Tennessee Code
Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106)
Chapter 8 - SPECIAL PROVISIONS FOR CHILDREN (§§ 33-8-101 — 33-8-316)
Part 2 - SPECIAL PROVISIONS FOR MENTAL HEALTH SERVICES TO CHILDREN (§§ 33-8-201 — 33-8-203)
Section 33-8-202 - Rights of child sixteen (16)

• (a) If a child with serious emotional disturbance or mental illness is sixteen (16) years of age or older, the child has the same rights as an adult with respect to outpatient and inpatient mental health treatment, medication decisions, confidential information, and participation in conflict resolution procedures under this title except as provided in part 3 of this chapter, or as otherwise expressly provided in this title. If the child's parent, legal guardian, legal custodian, or treating professional believes that the child's decision to terminate treatment, other than a request for discharge under chapter 6, part 2 of this title, will have severe adverse effects on the child, the conflict resolution procedures under chapter 2, part 6 of this title shall be used.

• (b) An outpatient facility or professional may provide treatment and rehabilitation without obtaining the consent of the child's parent, legal guardian, or legal custodian.

• (c) Notwithstanding subsections (a) and (b), and to the extent allowable by federal privacy laws and regulations:
  • (1) A child's parent, legal guardian, or legal custodian may access any prescription records resulting from treatment provided to an unemancipated minor pursuant to this section;
  • (2) Notwithstanding subdivision (c)(1), a child's parent, legal guardian, or legal custodian shall not access prescription records resulting from the treatment provided to an unemancipated minor pursuant to this section if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605, and the treating professional believes that access to the prescription records is reasonably likely to endanger the life or physical safety of the minor; and
  • (3) If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then the treating professional shall, in addition to any other duties required by law, report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian.

Amended by 2024 Tenn. Acts, ch. 761,s 3, eff. 4/22/2024.

Acts 2000, ch. 947, § 1.