Tenn. Comp. R. & Regs. 1200-35-01-.02

Current through December 10, 2024

Section 1200-35-01-.02 - DEFINITIONS

As used in these rules, the following terms are defined as follows:

(1) "Commissioner" means the Commissioner of the Tennessee Department of Health.

(2) "Confidential record" means any Department record that is considered confidential or privileged under Federal or State law, including without limitation, and without waiving any privilege or any right to confidentiality available under Federal or State law, as follows:

(a) Any record or portion of any record that is not subject to public inspection or is defined as confidential under the Public Records Act;

(b) Any record or portion of any record that is not subject to discovery or admissible into evidence in any Federal or State court proceeding or in any action for damages under the provisions of 23 U.S.C. § 409;

(c) Any record or portion of any record that is otherwise protected as confidential or privileged under any Federal or State law or regulation or pursuant to any court order;

(d) Any record that is protected under the attorney/client privilege;

(e) Any record that is protected under the attorney work product doctrine; and

(f) Any record that is protected under any other statutory or common law privilege.

(3) "Department" means the Tennessee Department of Health.

(4) "Non-routine record" means a record, in any form, that cannot be readily produced for public inspection or copied upon request without more than minimal assistance or processing from the Records Custodian, and including without limitation:

(a) Archived records;

(b) Microfilmed records;

(c) Audio recordings;

(d) Records accessed only through the manipulation of electronically or digitally stored information;

(e) Oversized pages or bound volumes that cannot be fed automatically into and copied on a standard office photocopier; and

(f) Records containing or located within files containing material that may be a confidential record under Federal or State law.

(5) "OORC" means the Office of Open Records Counsel.

(6) "Public record" means any Department record that is open to inspection by any citizen of the State of Tennessee under the provisions of the Public Records Act, and is not otherwise considered a confidential record under Federal or State law.

(7) "Public Records Act" means the Tennessee Public Records Act as codified in T.C.A. § 10-7-501, et seq.

(8) "Record" means any document or stored information, in any form, that has been generated or received and maintained by the Department pursuant to law or in connection with the transaction of the Department's official business.

(9) "Record available for a fee" means a record generated by the Department in connection with official business that the Department also offers for sale to other governmental agencies, bidders, and/or individuals as a service to the public, including without limitation as follows:

(a) Specialized output including but not limited to maps, tables, html and xtml documents and spreadsheets;

(b) Custom and specialized aggregations or records and data;

(c) Custom reports not otherwise produced;

(d) Data sets; and

(e) Vital Records.

(10) "Records Custodian" means an employee of the Department who has direct supervisory authority over the specific division, section or office of the Department where the requested Department records are maintained.

(11) "Redacted record" means a record that has been edited to remove information that is confidential under Federal or State law.

(12) "Routine record" means a public record, in any form, that can be readily produced for public inspection or copied upon request with minimal assistance from the Records Custodian, including without limitation:

(a) An unbound paper record of standard letter or legal size which can be automatically fed into and copied on a standard office photocopier;

(b) Any electronically or digitally stored record that can be readily accessed and printed on a standard office printer; provided, however, that such a record shall not be considered a routine record if each separate screen-page of the record must be printed as a separate page.

Tenn. Comp. R. & Regs. 1200-35-01-.02

Original rule filed October 5, 2012; effective January 3, 2013.

Authority: T.C.A. §§ 8-4-604, 10-7-503, 10-7-504, 10-7-506, and 68-3-102.