A new proposed policy in Tennessee could lead to Forced Testing for HIV and Confinement (Quarantine) based on past behavior is being review. It is being said that the CDR is considering this form as a national model. They appear to be at "IT" again. The text of the Tennessee rule follow. (it is a bit long) RULEMAKING HEARING RULES OF THE TENNESSEE DEPARTMENT OF HEALTH BUREAU OF HEALTH SERVICES COMMUNICABLE DISEASE CONTROL PROGRAM CHAPTER 1200-14-3 COMMUNICABLE DISEASE CONTROL HEALTH THREAT PROCEDURES TABLE OF CONTENTS 1200-14-3-.01 Introduction and Scope 1200-14-3-.02 Definitions 1200-14-3-.03 Confidentiality: Court Records 1200-14-3-.04 Outpatient Treatment of Minors 1200-14-3-.05 Enforcement Cause of Action 1200-14-3-.06 Standing 1200-14-3-.07 Reporting 1200-14-3-.08 Petition; Notice 1200-14-3-.09 Time of Hearing and Functions of Counsel 1200-14-3-.10 Standard of Proof; Evidence 1200-14-3-.11 Remedies 1200-14-3-.12 Commitment Review Panel 1200-14-3-.13 Appeal 1200-14-3-.14 Temporary Emergency Hold 1200-14-3-.15 Emergency Hold Continuation Hearing 1200-14-3-.16 Contact Data 1200-14-3-.17 Costs 1200-14-3-.18 Records Confidentiality 1200-14-3-.01 Introduction and Scope. The Department of Health communicable disease control authority extends to the prescription of physical behavior standards for persons infected with communicable disease. All enforcement activities of the Department of Health and of health officers in Tennessee should proceed according to this chapter with respect to persons who pose a communicable disease health threat to others or who engage in noncompliant behavior. This chapter shall apply to the Commissioner and all health officers duly appointed by the Tennessee Commissioner of Health and is to be followed by health officers over any local rule or regulation concerning public health action concerning persons who pose a health threat to others. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.02 Definitions. The following definitions shall apply to terms as they are used in these rules, unless the context clearly requires otherwise. (1) "Carrier" - a person who serves as a potential source of infection and who harbors or who the Commissioner or health officer reasonably believes to harbor a specific infectious agent whether or not there is presently discernible clinical disease. In the absence of a medically accepted test, the Commissioner may reasonably believe an individual to be a carrier only when a determination based upon specific facts justifies an inference that the individual harbors a specific infectious agent. (2) "Chief Medical Officer" - the state health officer, or his designee, appointed by the Commissioner of Health, who is responsible for and advises the Commissioner and department on all matters of state health policy, including public health. (3) "Communicable disease" - a disease or condition that causes serious harm, such as serious illness, serious disability, or death, the infectious agent of which may be transmitted, passed or be carried, by contact, air current, animate or inanimate vector, from the body of one person to the body of another. (4) "Commissioner" - the Commissioner of the Tennessee Department of Health, or his designee, as provided at TCA section 68-1-102(b) & (c). (5) "Commitment Review Panel" - shall be composed of the chief medical officer for the State of Tennessee [TCA 68-1- 102(c)], any rural regional health officer, any metropolitan regional health officer, the director of the Department's Bureau of Health Services, the medical director of the Bureau of Health Services, the medical director of the Communicable Disease Control program, of the Tuberculosis Control program, of the AIDS program, and the medical director of the Environmental Epidemiology program. A majority of this panel shall constitute a quorum for the purpose of conducting a commitment review. At no time shall the regional health officer for the region where the carrier resides serve on the commitment review committee. (6) "Contact notification program" - an ongoing program established by the Commissioner to encourage carriers of a communicable disease to identify others who may be at risk by virtue of contact with the carrier. (7) "Department" - the Tennessee Department of Health. (8) "Health directive" - a written statement, or, in urgent circumstances, an oral statement followed by a written statement within three (3) days, from the Commissioner, or health officer, issued to a carrier who constitutes a health threat to others. A health directive must be individual, specific, and cannot be issued to a class of persons. The directive may require a carrier to cooperate with health authorities in efforts to prevent or control transmission of communicable disease, including participation in education, counseling, or treatment programs, isolation, quarantine and undergoing medical tests and examinations necessary to verify the person's carrier status. (9) "Health Officer" - the Chief Medical Officer for the State of Tennessee, as established at TCA 68-1-102(c); the director of the Department's Bureau of Health Services, if a physician; the medical director of the Department's Bureau of Health Services; the medical director for the Department's Environmental Epidemiology Program, the Communicable Disease Control Program, the Tuberculosis Control Program or the AIDS Program; or a physician schooled and experienced in public health work and licensed to practice in the state of Tennessee, and authorized to function as a county or district or regional health officer as provided pursuant to TCA 68-2-603(c) or 68-2-703, or the physician's designee. (10) "Health threat to others" - that a carrier demonstrates an inability or unwillingness to act in such a manner as to not place others at risk of exposure to infection that causes serious illness, serious disability, or death. It includes one or more of the following: (a) behavior by a carrier which has been demonstrated epidemiologically to transmit or which evidences a careless disregard for the transmission of the disease to others; or (b) a substantial likelihood that a carrier will transmit a communicable disease to others as is evidenced by a carrier's past behavior, or by statements of a carrier that are credible indicators of a carrier's intention; or (c) repeated behavior by a carrier which has been demonstrated epidemiologically to transmit or which evidences a careless disregard for the transmission of the disease to others; or (d) a substantial likelihood that a carrier will repeatedly transmit a communicable disease to others as is evidenced by a carrier's past behavior, or by statements of a carrier that are credible indicators of a carrier's intention; or (e) affirmative misrepresentation by a carrier of the carrier's status prior to engaging in any behavior which has been demonstrated epidemiologically to transmit the disease; or (f) violation by a carrier of any part of a court order issued pursuant to this chapter. (11) "Licensed health professional" - a person licensed in Tennessee to practice those professions of the healing arts described in Title 63 of the Tennessee Code Annotated. (12) "Noncompliant behavior" - a failure or refusal by a carrier to comply with a health directive. (13) "Petition" - the document that commences an action in the General Sessions Court pursuant to the provisions of these rules. The petition is filed with the Clerk of the General Sessions Court. (14) "Petitioner" - the official representative of the Health officer, as defined in these rules. (15) "Respondent" - any person against whom an action is commenced pursuant to the authority of Chapters 5, 9, and 10 of Title 68 of the Tennessee Code Annotated and the provisions of this Chapter. (16) Transmission" includes, but is not limited to: (a) sexual transmission; (b) blood-borne transmission (c) skin contact transmission; (d) air borne transmission (e) water borne transmission; (f) food borne transmission Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.03 Confidentiality: Court Records (1) Confidential records. The Commissioner and public health officers, or employees thereof, and persons to whom disclosures are made pursuant to these rules, shall not disclose the name or address, or otherwise disclose the identity of someone alleged to have a communicable disease, except to the extent necessary for the administration and enforcement of public health laws and rules. Patient medical information contained in a statement from the Commissioner or health officer to a person pursuant to 1200-14-3- .05(1)(a-b) and in a health directive are confidential records and are not subject to public disclosure without authorization by the appropriate persons, as provided pursuant to TCA Sections 10-7-504(a)(1) and 68-10-113. (2) Court hearing record. The department shall cause to be recorded and filed in the department records a full account of proceedings had at all hearings and examinations conducted pursuant to this section together with the judgments and orders issued. If the respondent requests, the department shall seal the record and it shall not be disclosed to any person except: (a) The Commissioner or local public health official; or (b) Upon request of the respondent, the legal representative or the attorney of the person; or (c) Pursuant to court subsequent order of the court or of a court issued under the authority of TCA Section 68-10-113 for sexually transmitted diseases. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.04 Outpatient Treatment of Minors If a person is 14 years of age or older, the person may apply to a public or private facility or professional for outpatient diagnosis, evaluation, treatment and care for a communicable disease. There is no fixed minimum age restriction upon a person who applies to a public or private facility or professional for outpatient diagnosis, evaluation, treatment and care for a sexually transmitted disease. The facility or professional may provide treatment and care for the person without obtaining consent of the person's parent, legal guardian or custodian. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.05 Enforcement Cause of Action. (1) Compliance with directive. Failure or refusal of a carrier to comply with a health directive is grounds for proceeding under subdivision 1200-14-.08(2). (2) Commencement of enforcement action. The Commissioner or a health officer or a duly authorized physician may commence legal action against a carrier who is a health threat to others who engages in noncompliant behavior, by filing with the General Sessions Court in the county in which respondent resides, and serving upon respondent, a petition for relief and notice of hearing, unless a court order is sought under section 1200-14-3-.14. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.06 Standing. Only the Commissioner or a health officer may commence an action under this Chapter. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.07 Reporting. (1) Voluntary reporting. Any person licensed to practice a healing art or any other human services professional regulated by the state who has knowledge or reasonable cause to believe that a person is a health threat to others or has engaged in noncompliant behavior, as defined in section 1200-14-3-.02(11), may report that information to the Commissioner or health officer. (2) Falsified reports. Any person licensed to practice a healing art who knowingly or recklessly makes a false report under the provisions of this section; or who knowingly or recklessly causes, conspires with, or assists another to cause the denial to any person of any right accorded under these rules; or who knowingly or recklessly executes a petition which falsely alleges infection with a communicable disease pursuant to these rules, by which such individual secures or attempts to secure the apprehension, detention, hospitalization, or restraint of any such person, shall be reported to the Division of Health Related Boards Investigative Section for disciplinary action. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.08 Petition; Notice (1) Petition. The petition should set forth the following: (a) the grounds and underlying facts that demonstrate that the respondent is a health threat to others and, has engaged in noncompliant behavior; unless an emergency court order is sought under section 1200-14- 3-.14; (b) the petitioner's efforts to alleviate the health threat to others prior to the issuance of a health directive, unless an emergency court order is sought under section 1200-14-3-.14; (c) the petitioner's efforts to issue the health directive to the respondent in person, unless an emergency court order is sought under section 1200-14- 3-.14; (d) the type of relief (remedy or remedies) sought; and (e) a request for a court hearing on the allegations contained in the petition. (2) Hearing notice. The notice must contain the following information: (a) the time, date, and place of the hearing; (b) respondent's right to appear at the hearing; (c) respondent's right to have an examination by a physician of his own choosing and review and examine the result's of the petitioner's physician examination; (d) respondent's right to present and cross-examine witnesses; and (e) respondent's right to counsel, including the right, if indigent, to representation by counsel designated by the court. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 23-2-101, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5-101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10-101 - 114. 1200-14-3-.09 Time of Hearing and Functions of Respondent's Counsel. (1) Time of hearing. A hearing on the petition must be held before the General Sessions Court in the county in which respondent resides as soon as possible, but no later than 14 days from service of the petition and hearing notice. (2) Functions of counsel. In all proceedings under this section, counsel for the respondent shall have the opportunity to: (a) consult with the respondent prior to any hearing; (b) be given adequate time to prepare for all hearings; (c) have an appointment that requires counsel to continue to represent the person throughout any proceedings under this charge unless released as counsel by the court. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.10 Standard of Proof; Evidence. (1) Preponderance. The Commissioner or health officer has the burden of proving the behavioral allegations in the petition by a preponderance of the evidence. The Commissioner has the burden of proving the respondent has an infectious disease which may be communicable, or, based on recognized epidemiological information has a substantial likelihood of becoming communicable, by a preponderance of the evidence, as alleged in the petition. (2) Carrier status. Upon a finding by the court that the Commissioner's or health officer's suspicion of carrier status is reasonable, as established by presentation of facts, based on sound clinical and epidemiological evidence, justifying an inference that the respondent harbors a specific infectious agent, there shall exist a rebuttable presumption that the respondent is a carrier. This presumption may be rebutted if the respondent demonstrates noncarrier status after undergoing medically accepted tests. (3) Records. The Commissioner or health officer shall make and preserve an accurate record of the proceedings. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.11 Remedies. (1) Remedies available. Upon a finding by the court that the Commissioner or health officer has proven the allegations set forth in the petition, the court may order that the respondent must: (a) participate in a designated education program; (b) participate in a designated counseling program; (c) participate in a designated treatment program; (d) undergo medically accepted tests to verify carrier status or for diagnosis, or undergo treatment that is consistent with standard medical practice as necessary to make respondent noninfectious; (e) notify or appear before designated health officials for verification of status, testing, or other purposes consistent with monitoring; (f) cease and desist the conduct which constitutes a health threat to others; (g) live part time or full time in a setting supervised by the Commissioner for the period and under the conditions set by the court; (h) subject to the provisions of 1200-14-3-.09(2), be committed to the custody of the Commissioner for placement in an appropriate institutional facility, or other supervised living situation, for the period and under the conditions set by the court, but not longer than six months, until the respondent is made noninfectious, until the respondent completes a course of treatment prescribed by the Commissioner, or until release by the Commissioner after a determination that the patient be a fit and proper person for release to become a voluntary patient in any hospital or other appropriate health care facility for treatment of the infectious disease, whichever occurs first, unless the Commissioner or health officer shows good cause for continued commitment (A petition for continued commitment may be applied for as many times as medically and epidemiologically indicated.); or (i) comply with any combination of the remedies in clauses (a) to (h), or other remedies considered just by the court. In no case may a respondent be committed to a correctional facility. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.12 Commitment Review Panel (1) Convening the Commitment Review Panel. The Commissioner or health officer may not petition the court for an order of remedy specified in 1200-14-3-.11(h), unless the Commissioner or health officer first considers the recommendation of a commitment review panel convened by the Director of the Department's Bureau of Health Services or the Chief Medical Officer for the State of Tennessee to review the need for commitment of the respondent to an institutional facility. The regional health officer shall present the matter to the commitment review panel. (2) The duties of the commitment review panel shall be to: (a) review the record of the proceeding; and (b) review any written or recorded statements the respondent submits. The Commitment Review Panel shall notify the respondent of the right to submit written or recorded statements to the panel for consideration. If the respondent has not submitted any written or recorded statements, the reasons for this omission should be reviewed and documented if reasonably available; and (c) determine whether the respondent has engaged in noncompliant behad ndings of fact, based upon evidence relied on by competent public health authorities, as to whether a person is a health threat to otheri nd make written findings as to the reasons for rejecting or recommending alternatives to commitment, including whether hospitalization is the least restrictive alternative that will adequately protect the public health. (3) Construction. This section shall be imh rictive alternative is pursued to achieve the desired purpose of preventing or controlling communicable disease. (4) Additional requirements. If commitment to the custodyi ent in a health care facility or other supervised living is ordered, the chief n days of initiation of commitment or supervised living; and (b) a writtena chief medical officer for the State of Tennessee, the applicable county health officer and the respondent, at least 60 days, but not more than 90 days, from the start of respondent's commitment or supervised living arrangement, setting forth the following: 1. th port or therapy groups, if any, respondent is attending and how often respondent attends; 2. the type of care or treatment respondent is receiving, and what future care or treatment is necessary; 3. whe has been cured or made noninfectious, or otherwise no longer poses a threat to public health; 4. whether continued commitment or supervised living is necessary; and 5. other information the court consid . other information the court consid Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. (3) Construction. This section shall be implemented so that the least restrictive alternative is pursued to achieve the desired purpose of preventing or controlling communicable disease. (4) Additional requirements. If commitment to the custody of the Commissioner for placement in a health care facility or other supervised living is ordered, the chief medical officer for the State of Tennessee shall require the head of the institutional facility or the person in charge of supervision to submit: (a) a plan of treatment within ten days of initiation of commitment or supervised living; and (b) a written report, with a copy to both the chief medical officer for the State of Tennessee, the applicable county health officer and the respondent, at least 60 days, but not more than 90 days, from the start of respondent's commitment or supervised living arrangement, setting forth the following: 1. the types of support or therapy groups, if any, respondent is attending and how often respondent attends; 2. the type of care or treatment respondent is receiving, and what future care or treatment is necessary; 3. whether respondent has been cured or made noninfectious, or otherwise no longer poses a threat to public health; 4. whether continued commitment or supervised living is necessary; and 5. other information the court considers necessary. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.13. Appeal The petitioner or respondent may appeal the decision of the general sessions court or file a petition for a writ of habeas corpus in a court of competent jurisdiction. However, respondent's status as determined by the general sessions court remains unchanged, and any remedy ordered by the general sessions court remains in effect while the appeal or petition for a writ of habeas corpus is pending. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.14 Temporary Emergency Hold (1) Apprehend and hold. To protect the public health in an emergency, the Commissioner or health officer may petition the general sessions court to order a peace officer to take a person into custody and transport the person to an appropriate emergency care or treatment facility for observation, examination, testing, diagnosis, care, treatment, and, if necessary, temporary detention. If the person is already institutionalized, the court may order the institutional facility to hold the person. These orders may be issued in an ex parte proceeding upon an affidavit of the Commissioner or a health officer. The affidavit must set forth the specific facts upon which the order is sought and must be served on the person immediately upon apprehension or detention. An order may be issued upon a determination by the court that reasonable cause exists, upon the basis of sound clinical and epidemiological evidence, to believe that there is a substantial likelihood the person poses an imminent health threat to others. (2) Duration of hold. No person should be held under section 1200-14-3-.14(1) longer than 72 hours, exclusive of Saturdays, Sundays, and legal holidays, without a court hearing to determine if the emergency hold should continue. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.15 Emergency Hold Continuation Hearing. (1) Time of notice. Notice of the emergency hold continuation hearing must be served upon the person held under section 1200-14-3-.14(1), at least 24 hours before the hearing. (2) Contents of notice. The notice must contain the following information: (a) the time, date, and place of the hearing; (b) the grounds and underlying facts upon which continued detention is sought; (c) the person's right to appear at the hearing; (d) the person's right to present and cross-examine witnesses; and (e) the person's right to counsel, including the right, if indigent, to representation by counsel designated by the court. (3) Order for continued emergency hold. The court may order the continued holding of the person if it finds, by a preponderance of the evidence, that the person would pose an imminent health threat to others if released. However, in no case may the emergency hold continue longer than five days, unless a petition is filed under section 1200-14-3- .06. If a petition is filed, the emergency hold must continue until a hearing on the petition is held under section 1200-14-3.07. That hearing must occur within five days of the filing of the petition, exclusive of Saturdays, Sundays, and legal holidays. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.15 Contact Data. Identifying information voluntarily given to the Commissioner, or an agent of the Commissioner, or a health officer, by the carrier through a contact notification program shall not be the sole evidence presented in a court proceeding to determine noncompliant behavior. 1200-14-3-.17 Costs. (1) Costs of care. The court shall be asked to determine what part of the cost of care or treatment ordered by the court, if any, the respondent can pay. The respondent shall provide the court documents and other information necessary to determine financial ability. If the respondent cannot pay the full cost of care, the rest must be paid by the state. If the respondent provides inaccurate or misleading information, or later becomes able to pay the full cost of care, the respondent becomes liable to the county for costs paid by the state. (2) Court-appointed counsel. If the court appoints counsel to represent respondent free of charge, counsel cannot be compensated by the state or county in which respondent resides, but rather, only if and to the extent that the court finds that the respondent is financially able to pay for counsel's services. In these situations, the rate of compensation for counsel shall be determined by the court. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114. 1200-14-3-.18 Records Confidentiality. (1) Confidential records. (a) Patient medical information contained in a health directive is a confidential record and is not subject to public disclosure without authorization by the appropriate persons as provided pursuant to the provisions of TCA sections 10-7-504(a)(1), 68-5-101 - 104, 68-9-201 et seq. and 68-10-101 & 113. (b) Investigative data shall also have the classification accorded it pursuant to the provisions of TCA section 10-7-504(a)(5)(A). (2) Protective order. Once an action is commenced, any party may seek a protective order to protect the disclosure of portions of the court record containing medical information identifying individuals. Statutory Authority: 4-3-1802, 4-3-1803(1), (4), (5), (9) & (10), 4-5-202, 68-1-102(3), 68-1-103, 68-1-201 & 202, 68-5- 101, 102, 103, 104 & 108, 68-9-104, 68-9-201 - 207 & 68-10- 101 - 114.