Section 0250-07-09-.04 - PROHIBITED RELEASES(1) Any report of abuse or neglect is confidential pursuant to T.C.A. §§ 37-1-409(a)(1), 37-1-612(a), and 37-5-107 (2016 and as amended).(2) Any unauthorized release of a report of abuse, severe child abuse, child sexual abuse, or neglect constitutes a class B misdemeanor.(3) Until an individual has exhausted all reviews, excluding the review set out in Rule 0250-07-09-.12, permitted by these Rules, the Department shall not release any information from its records to any organization or person for purposes of pre-employment screening or licensing, to identify the individual as a perpetrator of any form of abuse or neglect, unless such disclosure is necessary to comply with T.C.A. § 49-5-413(e) (2016 and as amended) or other applicable law.(4) Until an individual has exhausted all reviews permitted by these Rules, excluding the review set out in Rule 0250-07-09-.12, the Department shall not release any information from its records to identify the individual as a perpetrator of any form of abuse or neglect to any organization or person that requests this information for purposes of routine or random screening of current employees, volunteers, or associates.Tenn. Comp. R. & Regs. 0250-07-09-.04
Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from 1240-07-09-.02 filed and effective March 25, 1999. Repeal and new rule filed September 11, 2006; effective November 25, 2006. Emergency rule filed July 19, 2013; effective through January 15, 2014. On January 16, 2014, the rule reverted to its previous status. Amendments filed October 6, 2017; effective 1/4/2018.Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5-107, 37-5-112, 37-5-112(a), 37-5-512(a), and 49-5-413(e).