Section 1240-07-03-.03 - CONFIDENTIALITY OF RECORDS AND RELEASE OF INFORMATION(1) Except as otherwise provided pursuant to T.C.A. § 71-6-118 and these rules, all reports to the Department of abuse, neglect, or exploitation of an adult and the records of investigations of such reports are confidential.(2) A release of information from the records of the Department pursuant to these rules resulting from a report of abuse, neglect or exploitation of an adult, shall be for purposes directly connected with the administration of Title 71, Chapter 6, Part 1, of the Tennessee Code Annotated, including the administrative processes associated with designation of an individual as an indicated perpetrator of abuse, neglect or exploitation on the Vulnerable Persons Registry established by Title 68, Chapter 11, Part 10.(3) Information from the files, records and reports of the Department may be released for the following purposes:(a) The use by authorized personnel of the Department for purposes directly connected with the administration of the Tennessee Adult Protection Act (the Act). Such purposes shall include, but are not limited to, the release of information by Department personnel to any other persons or entities who or which should, as determined by the Department, receive information regarding an adult from an adult protective service record, limited to the extent that is necessary, when: 1. Conducting an investigation of abuse, neglect or exploitation of an adult, including an investigation of alleged abuse, neglect or exploitation of an adult by law enforcement officials;2. Providing protective services to the adult, including, but not limited to, medical, mental health, or rehabilitative care, public assistance eligibility determination, or other services necessary to protect the adult, or for the purpose of securing medical or mental, or other, evaluations to determine the adult caretaker's ability to provide adequate care for the adult;3. Providing information or services necessary for the purpose of implementing the processes required by the Vulnerable Persons Registry (the Registry) established by Title 68, Chapter 11, Part 10 to protect vulnerable persons. It shall not be a prerequisite to the release of information for the protection of vulnerable persons that the person's indication as a perpetrator of abuse, neglect or exploitation of an adult has resulted in placement on the Registry if the release of such information is consistent with the emergency release procedures under Rule 1240-07-03-.05; or4. Conducting legal proceedings on behalf of the adult, pursuant to T.C.A. §§ 71-6-101 et seq., the conservatorship laws, or pursuant to other laws affecting the status of an adult, including disclosure to any attorney, attorney ad litem or guardian ad litem retained by or appointed for such person or other litigants.(b) The disclosure of information from the Department's records to an employer or licensing authority of a paid caregiver that the person has been indicated as a perpetrator of abuse, neglect or exploitation of an adult for the purpose of preventing further abuse, neglect or exploitation of vulnerable persons; provided, however, the release of such information to an employer or licensing authority shall be consistent with the administrative due process provisions established by this Chapter.(c) Release of information, including the identity of an alleged or indicated perpetrator of abuse, neglect or exploitation of an adult, to: 1. Any state or federal law enforcement agency(ies), District Attorney or United States Attorney investigating or prosecuting a case of reported abuse, neglect, or exploitation of an adult; or2. Any state or federal grand jury by subpoena of such grand jury; or3. Presentation of evidence through Department staff by the District Attorney or United States Attorney to such grand jury regarding abuse, neglect, or exploitation of any adult;(d) Release of information, including the identity of an alleged or indicated perpetrator, to any state or federal social service agency or other agencies investigating cases of abuse, neglect, or exploitation of an adult or providing treatment or care for alleged or known adult victims of abuse, neglect, exploitation or misappropriation of property; or(e) Release of information, including the identity of an alleged or indicated perpetrator, to the court or administrative board or other tribunal, the officials or employees thereof in the performance of their duties, to the parties, or their legal representatives in any judicial or administrative proceeding or before any board, and to any administrative law judge or hearing officer in the course of their duties in any legal action involving the Department of Human Services before such courts, board or tribunal concerning the protection of vulnerable persons from abuse, neglect, or exploitation; provided that, in a situation when such court, administrative board, administrative law judge or hearing officer, other than the Department of Human Services, is adjudicating a case affecting the alleged perpetrator's ability to remain or become employed or licensed, such information shall be released only by order of the court, administrative law judge or hearing officer.(4) Release of the Identity of Alleged Perpetrator of Abuse, Neglect or Exploitation. (a) Except as provided by Rules 1240-07-03-.03(3), 1240-07-03-.05 or 1240-07-03-.06(7)(e), prior to completion of the administrative hearing process for an indicated perpetrator provided for in Rule 1240-07-03-.06. the Department may only confirm that:1. An investigation of abuse, neglect, or exploitation of an adult has commenced or has been completed; and2. A hearing involving the alleged perpetrator is currently pending if a timely request by the alleged perpetrator for an administrative hearing has been received by the Department.(b) Following the completion of administrative due process that upholds the Department's indication of a paid caregiver as a perpetrator or abuse, neglect or exploitation of an adult, the Department will disclose the identity of the indicated perpetrator as otherwise permitted by these Rules to any employer of the perpetrator who is a paid caretaker of a vulnerable person or to any licensing authority that licenses the paid caretaker of a vulnerable person, and to the Department of Health for placement of the perpetrator's name on that department's registry.Tenn. Comp. R. & Regs. 1240-07-03-.03
Chapter 1240-07-03 has been assigned a new control number, removed, and renumbered to Chapter 0250-07-03 filed and effective March 25, 1999. Original rule filed September 20, 2010; effective December 19, 2010.Authority: T.C.A. §§.4-5-202;68-11-1004; 71-6-103(a)