2010 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Chapter 11 - Health Facilities and Resources
Part 18 - Health Care Decisions
68-11-1808 - Determination of capacity Compliance by health care provider or institution.

68-11-1808. Determination of capacity Compliance by health care provider or institution.

(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.

(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.

[Acts 2004, ch. 862, § 1.]