Special rules apply to medical records. They generally are governed by T.C.A. §§ 68-11-301 et seq. The definition of “hospital” used in these provisions is broad enough to include city hospitals and health departments. ^[1]  Certain hospital records are not public records. ^[2]  Generally, the law requires that a hospital or health department is required to retain and preserve records that relate directly to the care and treatment of a patient for 10 years following the discharge of the patient or the patient’s death during the period of treatment within the hospital. ^[3]

Mental health records are treated differently. Hospitals and health departments are given the option of retaining records for a longer period if they wish. ^[4]

^[1] T.C.A. § 68-11-302.

^[2] T.C.A. § 68-11-304.

^[3] T.C.A. § 68-11-305.

^[4] T.C.A. § 68-11-307.