§ 34-6-307. Contravening Decision by Parent
The decision of a caregiver to consent to or to refuse medical, dental, or mental health care for a minor child shall be superseded by any contravening decision of the parent having legal custody of the minor child; provided, however, that the decision of the parent does not jeopardize the life, health, or safety of […]
§ 34-6-308. Liability for Reliance on Power of Attorney
No person, school official, or health care provider who acts in good faith reliance on a power of attorney for care of a minor child to enroll the child in school or to provide medical, dental, or mental health care, without actual knowledge of facts contrary to those authorized, is subject to criminal liability or […]
§ 34-6-309. Residence Change
If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school, or health care provider that has been provided the power of attorney for care of a minor child.
§ 34-6-310. No Obligation to Inquire or Investigate
A person who relies on the power of attorney for care of a minor child has no obligation to make any further inquiry or investigation. Nothing in this part shall relieve any individual from liability for violations of other provisions of law.
§ 34-6-401. Part Definitions
As used in this part: “Health care” has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18; “Health care decisions” has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act; “Health care institution” has the […]
§ 34-6-402. Health Care Decisions for Unemancipated Minors — From Whom Obtained — Persons Standing in Loco Parentis — Affidavit
Health care decisions for an unemancipated minor child may be obtained from persons with authority to consent, including the appointed guardian or legal custodian, or the individual to whom the minor’s custodial parent or legal guardian has given a signed authorization to make health care decisions through a military power of attorney or a limited […]
§ 34-6-403. Scope of Power of Person Standing in Loco Parentis to Make Health Care Decisions — Limitations
The parent, legal guardian, or legal custodian may, but is not required to, convey in loco parentis standing to another adult if there is no order of any court in effect from any jurisdiction, including an order of protection, custody order, or parenting plan, that would prohibit the parent, legal guardian, legal custodian or the […]
§ 34-6-404. Effect of in Loco Parentis Standing
In loco parentis standing: Does not affect the rights and responsibilities of an unemancipated minor’s parents or legal guardian or legal custodian regarding the care, custody, and control of the minor; Does not affect the rights of an unemancipated minor to make health care decisions in accordance with existing law; and Does not grant legal […]
§ 34-6-405. Immunity From Liability for Person Standing in Loco Parentis
Except for acts of willful misconduct or gross negligence, a person standing in loco parentis who makes health care decisions for an unemancipated minor shall not be liable for damages arising from providing consent to such health care.
§ 34-6-406. Immunity From Liability for Health Care Providers Relying on Authorization Affidavit — Authorization Affidavit Does Not Confer Dependency
A health care provider who has no actual knowledge of facts contrary to those stated in an authorization affidavit and who relies on a written instrument that is consistent with the requirements of this part and provides health care to an unemancipated minor shall not incur civil liability, criminal culpability, or professional disciplinary action for […]