Official Summary Text
MEDICAL RECORDS
Mental Health
If a child with serious emotional disturbance or mental illness is 16 or older, present law provides, with certain exceptions, that the child has the same rights as an adult with respect to treatment, medication decisions, confidential information, and p
articipation in conflict resolution procedures. However, a child's parent, legal guardian, or legal custodian may access prescription records resulting from such treatment provided to an unemancipated minor. This bill adds that such parent, guardian, or
c
ustodian may also access all mental health treatment, medical, and rehabilitation records resulting from such treatment.
However, present law provides that the above outlined exception is not available if the treating professional is required to report abuse of the unemancipated minor and believes that parental access to the prescription records is reasonably likely to end
anger the life or physical safety of the minor. This bill adds that when such circumstances are met, such access to mental health treatment, medical, or rehabilitation records is also prohibited.
Health Facilities and Resources
Present law provides that hospital records are, and must remain, the property of the various hospitals, subject, however, to a court order to produce the records. However, if an unemancipated minor receives medical treatment, then the minor's parent, le
gal guardian, legal custodian, or other person with medical decision-making authority for such minor may access, and a healthcare provider or healthcare facility must provide, any prescription records resulting from medical treatment of the minor, even if
t
he treatment was provided to the unemancipated minor without parental consent, including treatment provided for a sexually transmitted disease, contraceptives, drug abuse treatment, emergency medical or surgical treatment, or prenatal and peripartum care
for minors. This bill authorizes such access to all medical treatment records in addition to the above-authorized prescription records. "Medical treatment" means any step taken to effect a cure of an injury or disease, and includes (i) examination, (ii)
d
iagnosis, (iii) application of remedies; (iv) and any medical procedure.
However, present law prohibits a child's parent, legal guardian, or legal custodian from accessing prescription records if the treating professional is required to report abuse of the unemancipated minor and believes that such access is reasonably likely
to endanger the life or physical safety of the minor. This bill adds that when such circumstances are met, such access to medical treatment records is also prohibited.
VACCINATIONS AND MEDICAL TREATMENT
Present law prohibits a healthcare provider from vaccinating a minor unless the provider first receives the parent or legal guardian's informed consent. The healthcare provider must document receipt of, and include in the minor's medical record proof of
, such prior consent. This bill adds to this prohibition that a healthcare provider must not perform medical treatment on a minor unless the provider first receives informed consent and such consent must also be recorded.
However, this bill authorizes a licensed medical, surgical or osteopathic physician to perform emergency medical treatment on a minor, only after a reasonable effort is made to notify the minor's parents or guardian, if known or readily ascertainable, de
spite the absence of informed consent from a parent or guardian or a court order.
PARENTAL FUNDAMENTAL RIGHTS
Present law establishes certain fundamental rights of a parent to the care, custody, and control of the parent's
child, including the right to direct the health care and mental health of the child. This bill specifically adds to the fundamental rights given to parents, which includes an individual who has been granted decision-making authority over the child under
state law, access to the records described above.
MEDICAL ATTENTION AT SCHOOL
Present law generally requires parental consent for the treatment of minors. However, an employee of a local education agency (LEA) may act without prior parental consent to control bleeding using a bleeding control kit. This bill adds to this exceptio
n that an employee of an LEA may also provide bandages, gauze, or ice packs for the treatment of minor cuts, scrapes, bumps, and bruises.
ON APRIL 14, 2026, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 259, AS AMENDED.
AMENDMENT #2 clarifies that,
to the extent allowable by federal privacy laws and regulations
, a
child's parent, legal guardian, or legal custodian may access prescription records and rehabilitation records resulting from treatment provided to an unemancipated minor
.
"PRESCRIPTION RECORDS"
DEFINED
This amendment defines
"
p
rescription records"
as
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
.
"REHABILITATION RECORDS"
DEFINED
This amendment defines "
r
ehabilitation records" as 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
. Such records do
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.
SUICIDAL IDEATIONS REPORTING
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, h
as 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
this amendment requires
the treating professional, in addition
to any other duties required by law,
to
report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian.
MEDICAL RECORDS -
HEALTH FACILITIES AND RESOURCES
This amendment removes the provisions summarized under the subheading "
Health Facilities and Resources
" in the bill summary above.
VACCINATIONS AND MEDICAL TREATMENT
This amendment removes the provisions summarized above under the heading "
VACCINATIONS AND MEDICAL TREATMENT
" in the bill summary above.
PARENTAL FUNDAMENTAL RIGHTS
This amendment removes the provisions summarized under the heading "
PARENTAL FUNDAMENTAL RIGHTS
" in the bill summary above, and provides, instead, that it is a fundamental right for a parent to
access and review a child's medical records, including prescription records and rehabilitation records as defined in
this amendment.
MEDICAL ATTENTION AT SCHOOL
This amendment removes the provisions summarized under the heading "
MEDICAL ATTENTION AT SCHOOL
" in the bill summary above and, instead, authorizes an employee of a
public institution of higher education
to
act without prior parental consent to control bleeding
of a minor
using a bleeding control kit.
Current Bill Text
Read the full stored bill text
HOUSE BILL 853
By Reneau
SENATE BILL 259
By Pody
SB0259
001454
- 1 -
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, is amended by deleting
subdivision (c)(1) and substituting:
(1) A child's parent, legal guardian, or legal custodian may access all mental
health treatment, medical, rehabilitation, and prescription records resulting from
treatment provided to an unemancipated minor pursuant to this section;
SECTION 2. Tennessee Code Annotated, Section 33-8-202(c)(2), is amended by
deleting "prescription records" wherever it appears and substituting "mental health treatment,
medical, rehabilitation, or prescription records".
SECTION 3. Tennessee Code Annotated, Section 68-11-304, is amended by deleting
subsection (i) and substituting:
(i) If an unemancipated minor receives medical treatment, then the minor's
parent, legal guardian, legal custodian, or other person with medical decision-making
authority for the unemancipated minor may access, and a healthcare provider or
healthcare facility shall provide access to, all medical treatment and prescription records
resulting from medical treatment of the minor, even if the treatment was provided to the
unemancipated minor without parental consent, including, but not limited to, treatment
provided pursuant to § 68-10-104(c), § 68-34-107, § 63-6-220, § 63-6-222, or § 63-6-
223.
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SECTION 4. Tennessee Code Annotated, Section 68-11-304(j), is amended by deleting
"prescription records" wherever it appears and substituting "medical treatment or prescription
records".
SECTION 5. Tennessee Code Annotated, Section 36-8-103, is amended by deleting
subdivision (c)(4) and substituting:
(4) To access and review all health and medical records of the child, including
health and medical records related to treatments available to unemancipated minors
without parental consent;
SECTION 6. Tennessee Code Annotated, Section 63-1-165(b), is amended by adding
the following as new subdivisions:
( ) "Medical procedure" means a course of action intended to achieve a result in
the delivery of health care;
( ) "Medical treatment":
(A) Means any step taken to effect a cure of an injury or disease; and
(B) Includes examination; diagnosis; the application of remedies; and the
use of a medical procedure, regardless of whether the medical procedure is
invasive or non-invasive;
SECTION 7. Tennessee Code Annotated, Section 63-1-165(c)(1), is amended by
deleting the first sentence and substituting:
A healthcare provider shall not provide a vaccination to or perform medical
treatment on a minor unless the healthcare provider first receives informed consent from
a parent or legal guardian of the minor.
SECTION 8. Tennessee Code Annotated, Section 63-1-165(c), is amended by adding
the following as a new subdivision:
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(5) Notwithstanding subdivision (c)(1), a physician licensed pursuant to chapter
6 or 9 of this title may perform emergency medical treatment on a minor in compliance
with § 63-6-222, despite the absence of informed consent from a parent or guardian or a
court order.
SECTION 9. Tennessee Code Annotated, Section 63-1-176, is amended by deleting
subdivision (c)(6) and substituting:
(6) An employee of a local education agency:
(A) Acts to control bleeding using a bleeding control kit pursuant to § 49-
2-137; or
(B) Provides bandages, gauze, or ice packs for the treatment of minor
cuts, scrapes, bumps, and bruises.
SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.