IF

(1) the physician, psychologist, or dentist knows of no family member, of the same or higher order of preference as the surrogate under § 33-3-220(1)(F), who objects to the surrogate’s decision, AND
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Terms Used In Tennessee Code 33-3-221

  • Consent: means voluntary agreement to what is reasonably well understood regardless of how the agreement is expressed. 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
(2) the proposed treatment is not solely for behavior control of a service recipient,

THEN

(3) the physician, psychologist, or dentist may act on the surrogate’s decision as if the service recipient had the capacity to consent and had consented personally, AND
(4) the physician, psychologist, or dentist who acts in accord with and in good faith reliance on the surrogate’s decision is not subject to criminal prosecution, civil liability, or professional disciplinary action based on a subsequent finding of the invalidity of the surrogate’s decision.
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