Tennessee law permits voluntary polygraph testing, provided it is conducted by a state licensed polygraph examiner (TN Code Sec. 62-27-101et seq.
). To obtain a license, an individual must meet certain education, character, training, and examination requirements.
A polygraph is used to test or question individuals for the purpose of detecting deception or verifying truth by recording visually, permanently, and simultaneously a person's cardiovascular, respiratory or breathing, and electrodermal or galvanic skin response patterns.
It is a violation of state law and grounds for license revocation for a polygraph examiner to fail to:
• Inform the test subject of the nature of the examination and that the test is voluntary.
• Obtain prior written consent.
• In the case of tests conducted in connection with employment, show the test subject a list of the questions to be asked before the test begins, and advise the test subject of the areas that will not be covered by the test.
Notice of rights. Before beginning any test, the examiner must give the test subject a written notification on a prescribed form advising the subject of the voluntary nature of the test, the right to refuse to answer any question, the right to terminate the test at any time, the right to request and obtain a copy of the test results, the right to obtain written copy of any opinions or conclusions rendered as a result of the examination, and the right to have an audio recording made of the test session. The test subject must sign a copy of this notification.
Illegal questions. Examiners may not inquire into the test subject's religious, racial, or political beliefs or affiliations, the subject's beliefs about or affiliation with a labor ...