Tennessee § 53-11-408 - Bureau of investigation — Powers and duties.

§ 53-11-408. Bureau of investigation — Powers and duties.

The Tennessee bureau of investigation shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and controlled substance analogues and in suppressing the abuse of controlled substances and controlled substance analogues. To this end, it may: Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances and controlled substance analogues; Coordinate and cooperate in training programs concerning controlled substance and controlled substance analogue law enforcement at local and state levels; Cooperate with the United States drug enforcement administration by establishing a centralized unit to accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance and controlled substance analogue law offenders within the state, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances and controlled substance analogues may be extracted. Results, information and evidence received from the United States drug enforcement administration relating to the regulatory functions of part 3 of this chapter and this part, or title 39, chapter 17, part 4, including results of inspections conducted by it, may be relied and acted upon by the Tennessee bureau of investigation in the exercise of its regulatory functions under part 3 of this chapter and this part, or title 39, chapter 17, part 4. A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the Tennessee bureau of investigation, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential, except the commissioner of mental health and substance abuse services may require the disclosure of information to the department of mental health and substance abuse services concerning individuals being treated with controlled substances that is necessary to ensure compliance by a practitioner and the practitioner's patient or research subject with state or federal laws and regulations governing the use of controlled substances. Acts 1971, ch. 163, § 35; 1973, ch. 295, § 22; impl. am. Acts 1975, ch. 248, § 2; 1980, ch. 636, § 11; T.C.A., § 52-1442; Acts 1996, ch. 675, § 63; 2000, ch. 947, § 6; 2010, ch. 1100, § 86; 2012, ch. 575, §§ 1, 2; 2012, ch. 848, § 46. Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amendments. The 2010 amendment, effective January 15, 2011, substituted “the commissioner of mental health may require the disclosure of information to the department of mental health” for “the commissioner of mental health and developmental disabilities may require the disclosure of information to the department of mental health and developmental disabilities” in (c). The 2012 amendment by ch. 575 substituted “commissioner of mental health and substance abuse services may require the disclosure of information to the department of mental health and substance abuse services” for “commissioner of mental health may require the disclosure of information to the department of mental health” in (c). The 2012 amendment by ch. 848 inserted “and controlled substance analogue” and “and controlled substance analogues” throughout (a). Effective Dates. Acts 2010, ch. 1100, § 157. January 15, 2011. Acts 2012, ch. 575, § 3. July 1, 2012. Acts 2012, ch. 848, § 99. May 15, 2012. Cross-References. Confidentiality of public records, § 10-7-504 . Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Privileged Communications, § 7. Law Reviews. Medical Jurisprudence — Privileged Communications Between Physician and Patient — State Regulation and Right to Privacy, 39 Tenn. L. Rev. 515.