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TN House Bill 647


State: Tennessee
Signed: April 22, 2024

Effective: July 01, 2024
Chapter: 737


House Bill 647 requires a party requesting certain patient medical records, as specified, is responsible for reasonable costs of copying and mailing or transmitting the records, and for a flat Notary fee of not more than $20.


Amends Section 63-2-102 of the Tennessee Code Annotated.

  1. Clarifies that except for workers’ compensation cases, a party requesting a patient's medical records in paper format is responsible to the provider or third-party provider of record for the reasonable costs of copying and mailing the medical records, including a certification or Notary fee, if requested, of not more than a flat fee of $20.
  2. Clarifies that the certification or Notary fee for electronic medical records, if requested, provided via portable media, electronic mail, or medical record portal, is a flat fee of $20.
  3. Prohibits a third-party provider of record copying and related services from charging a fee to notarize a medical record when requested by the Department of Health pursuant to a complaint, inspection, or survey set forth in TCA 63-1-117.

House Bill 647 sets various fees for producing, copying, and mailing or transmitting patient medical records that do not involve workers’ compensation cases on a paper or an electronic medium. The exclusion is important because evidently, in testimony before the House Health Committee, the bill author said consumers in the past were charged as much as $6,000 for copies of their medical records. While the bill deals with fees for various services, the most relevant fee to Notaries in House Bill 647 is the flat Notary fee of not more than $20. In Tennessee, there are no maximum fees for notarial acts; Notaries are authorized to set their own fees. But now, Notaries may not charge more than a flat $20 fee to notarize any documents provided. Evidently, last year the bill was on the verge of enactment when legislators recognized they had specified the $20 flat Notary fee for electronic health records but had not amended the existing statute for paper records to be subject to the same flat fee. So, the bill was re-referred back to the committee this year so the amendment could be made. The flat fee would apply to a paper-based and online notarial act and any copy certifications of paper printouts of electronically notarized records.

Read House Bill 647.