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Back to SB 259
Tennessee General Assembly· SB 259Signed by Governor.

Children - As enacted, clarifies that a child's parent, legal guardian, or legal custodian may, to the extent allowable by federal law, access and review all health and medical records of the child, including those recor, the official text

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                              PUBLIC CHAPTER NO. 883

                                                    SENATE BILL NO. 259

                                                        By Pody, Bowling

                                           Substituted for: House Bill No. 853

                    By Reneau, Cochran, Hardaway, Barrett, Vital, Crawford, Greg Martin

AN ACT to amend Tennessee Code Annotated, Title 33; Title 36; Title 37; Title 49; Title 63 and Title
         68, relative to healthcare treatment of minors.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

         SECTION 1. Tennessee Code Annotated, Section 33-8-202(c), is amended by deleting the
subsection and substituting:

                   (c) Notwithstanding subsections (a) and (b), and to the extent allowable by federal
          privacy laws and regulations:

                             (1) As used in this subsection (c):

                                       (A) "Prescription records" means documents, data, or other recorded
                             information created, maintained, or transmitted by a licensed healthcare
                             provider, pharmacy, or other authorized entity that relate to prescribing,
                             dispensing, or administering of medication to a patient, including written,
                             electronic, or verbal prescriptions, medication orders, dosage instructions,
                             refill authorizations, dispensing logs, pharmacy records, and modifications,
                             renewals, or cancellations of a prescription; and

                                       (8) "Rehabilitation records":

                                                 (i) Means records concerning a diagnosis, treatment
                                       recommendation, discharge summary, or prescribed course of action
                                       provided by a healthcare provider to a patient in connection with
                                       rehabilitation services; and

                                                 (ii) Does not include personal notes, statements, or
                                       communications originating from the patient that are documented,
                                       interpreted, or formalized by the provider as part of the medical record.

                              (2) A child's parent, legal guardian, or legal custodian may access prescription
                    records and rehabilitation records resulting from treatment provided to an
                    unemancipated minor pursuant to this section.

                              (3) Notwithstanding subdivision (c)(2), a child's parent, legal guardian, or legal
                    custodian shall not access prescription records or rehabilitation records resulting from
                    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 prescription
                    records or rehabilitation records is reasonably likely to endanger the life or physical
                    safety of the minor.

                              (4) 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
SB259

                    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.
          SECTION 2. Tennessee Code Annotated, Section 36-8-103(c)(4), is amended by deleting
the subdivision and substituting:
                    (4) To access and review a child's medical records, as defined in § 63-2-101,
          including prescription records and rehabilitation records as defined in § 33-8-202;
          SECTION 3. Tennessee Code Annotated, Section 68-11-304(i), is amended by deleting the
subsection and substituting:
                    (i) A parent, legal guardian, legal custodian, or other person with medical decision-
          making authority for an unemancipated minor may access, and a healthcare provider or
          healthcare facility shall provide access, in accordance with § 36-8-103, to the unemancipated
          minor's medical records resulting from medical treatment provided without parental consent,
          including treatment provided pursuant to § 68-10-104(c), § 68-34-107, § 63-6-220, § 63-6-
          222, or § 63-6-223.
          SECTION 4. Tennessee Code Annotated, Section 68-11-3040), is amended by deleting the
subsection and substituting:
                    0) Notwithstanding subsection (i), a child's parent, legal guardian, or legal custodian
          shall not access, in accordance with § 36-8-103, the unemancipated minor's medical records
          resulting from treatment provided without parental consent, including treatment provided
          pursuant to § 68-10-104(c), § 68-34-107, § 63-6-220, § 63.-6-222, or § 63-6-223, 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 medical records
          is reasonably likely to endanger the life or physical safety of the minor.
          SECTION 5. Tennessee Code Annotated, Section 63-1-176(c)(6), is amended by deleting
the subdivision and substituting:
                    (6) An employee of a local education agency or public institution of higher education
          acts to control bleeding using a bleeding control kit pursuant to§ 49-2-137;
          SECTION 6. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 259

PASSED:  April 16, 2026

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                                    SPEAKER OF THE SENATE

                         CAMERO'l'f'SEXTON,SPEAKER
                         HOUSE OF REPRESENTATIVES

APPROVED this c;!2--- day of (V\O\<Lo            2026

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                             BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.