Protected health information in legal advertising
Tenn. PHI Legal Solicitation Law
Health · Marketing
Bars anyone from using, obtaining, selling, transferring, or disclosing a person's protected health information to solicit them for legal services without the person's written authorization. The same part regulates legal advertisements about drugs and medical devices, requiring paid-advertisement disclosures and banning misleading "medical alert" or government-style framing.
- Where
- Tennessee
- Citation
- Tenn. Code Ann. §§ 47-18-3001 to 47-18-3006 (2019 Tenn. Pub. Acts ch. 119)
- Status
- In force
- In force since
- 2019-07-01
- Enforced by
- Tennessee Attorney General and Reporter (TCPA authority); district attorneys (criminal)
- People can sue
- No
- Penalties
- Willful and knowing misuse of protected health information for legal solicitation is a Class A misdemeanor with a $1,000 fine; doing so for financial gain is a Class C felony with fines up to $250,000 and 3 to 10 years' imprisonment. Violations of the part are also TCPA violations.
- Applies to
- Any person who uses, obtains, sells, transfers, or discloses protected health information to solicit individuals for legal services
- Sponsors of legal advertisements in Tennessee
What a privacy notice must say
- Legal advertisements must disclose they are paid advertisements for legal services and identify the responsible person and the representing attorney or firm (or that cases may be referred).Tenn. Code Ann. § 47-18-3002(a)(1), (5)-(6)
Practices it requires
- Do not use, obtain, sell, transfer, or disclose protected health information to solicit an individual for legal services without the individual's written authorization.Tenn. Code Ann. § 47-18-3003(a)
- Do not present legal advertisements as medical, health, or consumer alerts or public service announcements, misuse government logos, or call unrecalled products "recalled."Tenn. Code Ann. § 47-18-3002(a)(2)-(4)
Sources
- Official text
- 2019 Tenn. Pub. Acts ch. 119, Tennessee Secretary of State
- Tenn. Code Ann. §§ 47-18-3002, -3003, -3005 (2025 code text, Justia)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Research reference, not legal advice.