(a) Subject to any limitations stated in the durable power of attorney for health care, and, subject to subsection (b) and §§ 34-6-210 – 34-6-212, a health care provider is not subject to criminal prosecution, civil liability or professional disciplinary action except to the same extent as would be the case if the principal, having had the capacity to give informed consent, had made the health care decision on the principal’s own behalf under like circumstances, if the health care provider relies on a health care decision and both of the following requirements are satisfied:

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Terms Used In Tennessee Code 34-6-208

  • Durable power of attorney for health care: means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal. See Tennessee Code 34-6-201
  • Health care: means any care, treatment, service or procedure to maintain, diagnose or treat an individual's physical or mental condition, and includes medical care as defined in §. See Tennessee Code 34-6-201
  • Health care decision: means consent, refusal of consent or withdrawal of consent to health care. See Tennessee Code 34-6-201
  • 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 or practice of a profession. See Tennessee Code 34-6-201
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(1) The decision is made by an attorney in fact who the health care provider believes in good faith is authorized under this part to make the decision; and
(2) The health care provider believes in good faith that the decision is not inconsistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the health care provider, and, if the decision is to withhold or withdraw health care necessary to keep the principal alive, the health care provider has made a good faith effort to determine the desires of the principal to the extent that the principal is able to convey those desires to the health care provider and the results of the effort are made a part of the principal’s medical records.
(b) Nothing in this part authorizes a health care provider to do anything illegal.
(c) Notwithstanding the health care decision of the attorney in fact designated by a durable power of attorney for health care, the health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to withdraw health care necessary to keep the principal alive.
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