§ 68-11-1801. Short Title
This part shall be known and may be cited as the “Tennessee Health Care Decisions Act.”
§ 68-11-1802. Part Definitions
As used in this part, unless the context clearly otherwise requires: “Advance directive” means an individual instruction or a written statement relating to the subsequent provision of health care for the individual, including, but not limited to, a living will or a durable power of attorney for health care; “Agent” means an individual designated in […]
§ 68-11-1803. Oral or Written Individual Instructions — Advance Directive for Health Care — When Effective — Decisions Based on Best Interest Assessment — Out-of-State Directives — Construction
An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. An adult or emancipated minor may execute an advance directive for health care, which may authorize the agent to make any health care decision […]
§ 68-11-1804. Revocation of the Designation of Agent — Revocation of Advance Directive — Spouses as Agent — Conflicts
An individual having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider. An individual having capacity may revoke all or part of an advance directive, other than the designation of an agent, at any time and in any manner that communicates an […]
§ 68-11-1805. Model Forms — Rules and Regulations
The board for licensing health care facilities shall develop and issue appropriate model forms for advance directives that are consistent with this part. The board for licensing health care facilities is authorized to promulgate rules and regulations in order to implement this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, […]
§ 68-11-1806. Designation of Surrogate
An adult or emancipated minor may designate any individual to act as surrogate by personally informing the supervising health care provider. The designation may be oral or written. A surrogate may make a health care decision for a patient who is an adult or emancipated minor, if, and only if: The patient has been determined […]
§ 68-11-1807. Requirement to Comply With the Patient’s Individual Instruction — Order of Precedence
Absent a court order to the contrary, a guardian shall comply with the patient’s individual instructions and may not revoke the patient’s advance directive. Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian. A health care decision made by a guardian for the […]
§ 68-11-1808. Determination of Capacity — Compliance by Health Care Provider or Institution
A designated physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, guardian, or surrogate, shall promptly record the determination in the patient’s current clinical record and communicate the determination to the […]
§ 68-11-1809. Disclosure of Medical or Other Health Care Information
Unless otherwise specified in an advance directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information.
§ 68-11-1810. Liability
A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for: Complying with a health care decision of a person apparently having authority to […]
§ 68-11-1811. Violations — Intentional Misconduct — Penalties
A health care provider or institution that intentionally violates this part is subject to liability to the aggrieved individual for damages of two thousand five hundred dollars ($2,500), or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees and costs. A person who intentionally falsifies, forges, conceals, defaces, or obliterates an […]
§ 68-11-1812. Presumption of Capacity
This part does not affect the right of an individual to make health care decisions while having capacity to do so. An individual is presumed to have capacity to make a health care decision, to give or revoke an advance directive, and to designate or disqualify a surrogate.
§ 68-11-1813. Copies Have Same Effect as Originals
A copy of a written advance directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original.
§ 68-11-1814. No Presumptions Created — Death Does Not Constitute Suicide, Euthanasia, Homicide, Mercy Killing, or Assisted Suicide
This part does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive. Death resulting from the withholding or withdrawal of health care in accordance with this part does not for any purpose constitute a suicide or homicide or legally impair or invalidate a […]
§ 68-11-1815. Court Jurisdiction
On petition of a patient, the patient’s agent, guardian, or surrogate, a health care provider or institution involved with the patient’s care, or an individual described in § 68-11-1806(c)(5), a court of competent jurisdiction may enjoin or direct a health care decision or order other equitable relief. A proceeding under this section shall be expedited […]