§ 32-11-101. Short Title
This chapter shall be known and may be cited as the “Tennessee Right to Natural Death Act.”
§ 32-11-102. Legislative Intent
The general assembly declares it to be the law of the state that every person has the fundamental and inherent right to die naturally with as much dignity as circumstances permit and to accept, refuse, withdraw from, or otherwise control decisions relating to the rendering of the person’s own medical care, specifically including palliative care […]
§ 32-11-103. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Competent person” means an individual who is able to understand and appreciate the nature and consequences of a decision to accept or refuse treatment; “Declarant” means an individual who declares a living will under this chapter; “Health care provider,” “health care facility” or “health facility” […]
§ 32-11-104. Execution of Declaration
Any competent adult person may execute a declaration directing the withholding or withdrawal of medical care to the person, to become effective on loss of competency. The declaration must be in writing and signed by the principal. The declaration is valid if the principal’s signature is either attested by a notary public with no witnesses […]
§ 32-11-105. Form of Declaration
The declaration may be substantially in the following form, but not to the exclusion of other written and clear expressions of intent to accept, refuse, or withdraw medical care: LIVING WILL I, , willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below, and […]
§ 32-11-106. Revocation of Declaration
A declaration may be revoked at any time by the declarant, without regard to the declarant’s mental state or competency, by any of the following methods, effectively communicated by the declarant to the attending physician or other concerned health care provider: Written revocation by the declarant, dated and signed by the declarant. By oral statement […]
§ 32-11-107. Effective Date of Declaration — Subsequent Declarations — Incapacitated Declarants
A declaration shall be effective from the date of its execution until revoked in a manner prescribed by this chapter. Nothing in this chapter shall be construed to prevent a declarant from reexecuting a declaration at any time in accordance with the formalities of this chapter, including reexecution after a diagnosis of a terminal condition. […]
§ 32-11-108. Compliance With Declaration — Failure to Comply — Liability and Penalties
Any physician or other individual health care provider who cannot in good conscience comply with the provisions of such a living will, on being informed of the declaration, shall so inform the declarant, or if the declarant is not competent, the declarant’s next of kin or a legal guardian, and at their option make every […]
§ 32-11-109. Willful Misconduct — Penalty
Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration or revocation of another without the declarant’s consent, or who falsifies or forges the declaration or revocation of another shall be civilly liable and subject to criminal prosecution for a Class C misdemeanor, and if a provider, subject to administrative and professional discipline.
§ 32-11-110. Construction and Effect of Chapter — Signatures — Severability — Liability for Complying With Chapter
The withholding or withdrawal of medical care from a declarant in accordance with this chapter shall not, for any purpose, constitute a suicide, euthanasia or homicide. The making of a declaration pursuant to § 32-11-104 shall not affect in any manner the sale, procurement or issuance of any policy of life insurance, nor shall it […]
§ 32-11-111. Living Wills Executed Outside Tennessee — When Effective
A living will that is executed outside of this state by a nonresident of this state at the time of execution shall be given effect in this state if that living will is in compliance with either this chapter or the laws of the state of the declarant’s residence.
§ 32-11-112. Living Wills Executed Before July 1, 1991 — When Effective
A living will executed before July 1, 1991, shall be effective if it was executed in compliance with this chapter as in effect on the date that living will was executed, notwithstanding that the living will does not comply with revisions to this chapter since that date.
§ 32-11-113. Effect and Interpretation of Living Wills
A living will entered into before July 1, 2004, under this chapter shall be given effect and interpreted in accord with this chapter. A living will entered into on or after July 1, 2004, that evidences an intent that it is entered into under this chapter shall be given effect and interpreted in accord with […]