SB 25
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
January 8, 2025
Fiscal Analyst: Chris Higgins | Email: chris.higgins@capitol.tn.gov | Phone: 615-741-2564
SB 25
SUMMARY OF BILL: Authorizes an unemancipated minor's parent, legal guardian, legal
custodian, or other person with medical decision-making authority for the unemancipated minor to
access all medical treatment records resulting from treatment of the minor, even if the treatment was
provided to the unemancipated minor without parental consent.
Establishes that, to the extent allowable by federal privacy laws and regulations, the parent,
legal guardian, or legal custodian of an unemancipated minor age 16 or older with serious
emotional disturbance or mental illness may access all mental health treatment, medical, and
rehabilitation records resulting from outpatient or inpatient mental health treatment for the child.
Prohibits a child's parent, legal guardian, or legal custodian from accessing an unemancipated
minor's medical treatment, mental health treatment, or rehabilitation records if the treating
professional is required to report abuse of the unemancipated minor and the treating professional
believes that access to the patient's records is reasonably likely to endanger the life or physical safety
of the minor.
Authorizes an employee of a local education agency (LEA) to provide a minor with bandages, gauze,
or ice packs for the treatment of cuts, scrapes, bumps, and bruises without first obtaining the
consent of a parent of the minor.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• It is assumed that the proposed legislation does not conflict with the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA) or any other federal laws regarding the
medical privacy rights of minors.
• Under current law, pursuant to Tenn. Code Ann. §§ 68-11-304(i) and 33-8-202(c), a child's
parent, legal guardian, or legal custodian may access any prescription records resulting from
medical treatment provided to an unemancipated minor, or from mental health treatment
provided to an unemancipated minor age 16 years of age or older with serious emotional
disturbance or mental illness.
• Requiring additional treatment and rehabilitation records to be made accessible to a child's
parent or guardian will not impact the operations of the Department of Mental Health and
Substance Abuse Services, the Department of Health, or the health-related boards.
SB 25 2
• Authorizing employees of LEAs to provide certain first aid treatment to minors without
first obtaining parental consent will not result in an increase in expenditures to LEAs or the
Department of Education.
• Any fiscal impact to state or local government is estimated to be not significant.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director