(a) 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 patient, if possible, and to any person then authorized to make health care decisions for the patient.
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Terms Used In Tennessee Code 68-11-1808

  • Agent: means an individual designated in an advance directive for health care to make a health care decision for the individual granting the power. See Tennessee Code 68-11-1802
  • Capacity: means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health care decision. See Tennessee Code 68-11-1802
  • Designated physician: means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes such responsibility. See Tennessee Code 68-11-1802
  • Health care: means any care, treatment, service or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, and includes medical care as defined in §. See Tennessee Code 68-11-1802
  • Health care decision: means consent, refusal of consent or withdrawal of consent to health care. See Tennessee Code 68-11-1802
  • Health care institution: means a health care institution as defined in §. See Tennessee Code 68-11-1802
  • Health care provider: means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in practicing of a profession. See Tennessee Code 68-11-1802
  • Individual instruction: means an individual's direction concerning a health care decision for the individual. See Tennessee Code 68-11-1802
  • Person: means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 68-11-1802
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Surrogate: means an individual, other than a patient's agent or guardian, authorized under this part to make a health care decision for the patient. See Tennessee Code 68-11-1802
(b) Except as provided in subsections (c), (d), and (e), a health care provider or institution providing care to a patient shall:

(1) Comply with an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health care decisions for the patient; and
(2) Comply with a health care decision for the patient made by a person then authorized to make health care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity.
(c) A health care provider may decline to comply with an individual instruction or health care decision for reasons of conscience.
(d) A health care institution may decline to comply with an individual instruction or health care decision, if the instruction or decision:

(1) Is contrary to a policy of the institution that is based on reasons of conscience; and
(2) The policy was timely communicated to the patient or to a person then authorized to make health care decisions for the patient.
(e) A health care provider or institution may decline to comply with an individual instruction or health care decision that requires medically inappropriate health care or health care contrary to generally accepted health care standards applicable to the health care provider or institution.
(f) A health care provider or institution that declines to comply with an individual instruction or health care decision pursuant to subsections (c), (d), or (e) shall:

(1) Promptly so inform the patient, if possible, and any person then authorized to make health care decisions for the patient;
(2) Provide continuing care to the patient until a transfer can be effected or until the determination has been made that transfer cannot be effected;
(3) Unless the patient or person then authorized to make health care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health care provider or institution that is willing to comply with the instruction or decision; and
(4) If a transfer cannot be effected, the health care provider or institution shall not be compelled to comply.
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