Current through Acts 2023-2024, ch. 1069
Section 68-140-319 - Records required to be kept by licensees and permittees - Disclosures(a) Each ambulance service and invalid vehicle operator, licensed or permitted by the department shall maintain the following:(1) Run records; (A) Information required to be contained in such records shall be promulgated by the board;(B) All information contained in run records relative to, in whole or in part, a patient's medical histories, records, reports and summaries, diagnoses, prognoses, records of treatment and medication ordered and given, x-ray and radiology interpretations, physical therapy charts and notes, and lab reports, shall be considered "medical records";(C) Notwithstanding another law to the contrary, an ambulance service provider shall furnish to a patient or a patient's authorized representative a copy of the patient's run record or records within five (5) business days upon request in writing by the patient or the representative, and shall furnish a copy of a patient's run record or records to a surveyor employed by the health facilities commission within five (5) business days upon request in writing by the surveyor or health facilities commission staff; and(D) Except as otherwise provided by law, such patient's run record or records are not a public record, and this part does not impair any privilege of confidentiality conferred by law on patients, their personal representatives, or heirs. This subdivision (a)(1)(D) does not impair or abridge the right of the patient or the patient's authorized representative to obtain copies of the patient's hospital records in the manner provided in § 68-11-304. This subdivision (a)(1)(D) does not prohibit a health facilities commission surveyor investigating an incident in a certified or licensed healthcare facility from obtaining a copy of this record without a subpoena incident to a health facility investigation. This subdivision (a)(1)(D) does not prohibit a patient's run record or records from being subpoenaed by a court of competent jurisdiction. As used in this subdivision (a)(1), "run record" includes any list of patients that is compiled or maintained by or for such patient's ambulance service provider, but does not include the dispatch log; and(2) All other records deemed necessary and promulgated by the board.(b) The department of health may disclose de-identified data that is collected pursuant to subsection (a), including for the purpose of providing opioid overdose response and resources throughout this state.Amended by 2023 Tenn. Acts, ch. 466, s 14, eff. 7/1/2023.Amended by 2023 Tenn. Acts, ch. 203, s 1, eff. 4/24/2023. Acts 1997 , ch. 280, § 2; T.C.A., § 68-140-519.