37-13-25. Disclosures.

The identities of the resident or former resident, the alleged perpetrator, and the person or persons making a report or providing information or evidence pursuant to this article shall not be disclosed to the public unless required to be revealed in court proceedings or upon the written consent of the person whose identity is to be revealed or as otherwise required by law. Upon the resident’s or the former resident’s, or his or her representative’s, request, the department shall make information obtained in an abuse or exploitation report and investigation available to the allegedly abused or exploited resident, the allegedly abused or exploited former resident, or his or her representative for inspection or duplication, except that such disclosure shall be made without revealing the identity of any other resident, the person making the report, or persons providing information by name or inference. For the purpose of this Code section, the term “representative” means any person authorized in writing by the resident or former resident or appointed by an appropriate court to act upon the resident’s or former resident’s behalf. The term “representative” also means a family member of a deceased or physically or mentally impaired resident or former resident unable to grant authorization; provided, however, that such family members who do not have written or court authorization shall not be authorized by this Code section to receive the resident’s or former resident’s clinical records as defined in Code Section 37-3-1, 37-4-2, or 37-7-1. Nothing in this Code section shall be construed to deny agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse or exploitation within an agency’s scope of authority, or law enforcement personnel who are conducting an investigation into any criminal offense in which a resident or former resident is a victim from having access to such records.