IF

(1)

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Terms Used In Tennessee Code 33-3-219

  • Child: means a person who is under eighteen (18) years of age. See Tennessee Code 33-1-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Licensed physician: means a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M. See Tennessee Code 33-1-101
  • Mental illness: means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities as defined in title 52. See Tennessee Code 33-1-101
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Serious emotional disturbance: means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology. See Tennessee Code 33-1-101
  • Service recipient: means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
(A) an adult with developmental disability that is not based solely on a diagnosis of mental illness or serious emotional disturbance does not have a conservator, OR
(B) a child with developmental disability that is not based solely on a diagnosis of mental illness or serious emotional disturbance does not have a parent or legal guardian, AND
(2)

(A) a licensed dentist determines that the person lacks capacity to make a decision about a routine dental decision, OR
(B) a licensed psychologist with health service provider designation determines that the person lacks capacity to make a decision about routine mental health treatment, OR
(C) a licensed physician determines that the person lacks capacity to make a decision about routine medical or mental health treatment, AND
(3) the physician, psychologist, or dentist uses the assessment process prescribed by rule under § 33-3-217, AND
(4) the physician, psychologist, or dentist determines that someone is eligible to serve as a surrogate decision maker for the service recipient on the matter in question under § 33-3-220, AND
(5) the service recipient does not reject the proposed surrogate for the decision in any way, AND
(6) the physician, psychologist or dentist provides the surrogate the information necessary to an informed decision,

THEN

(7) the surrogate may decide for the service recipient with respect to the matter in question, AND
(8) the surrogate who acts in good faith, reasonably and without malice in connection with the decision shall be free from all liability, civil or criminal, by reason of the decision.
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