2017 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Chapter 11 - Health Facilities and Resources
Part 18 - Tennessee Health Care Decisions Act
§ 68-11-1802. Part definitions.
- (a) As used in this part, unless the context clearly otherwise requires:
- (1) "Advance directive" means an individual instruction or a written statement relating to the subsequent provision of health care for the individual, including, but not limited to, a living will or a durable power of attorney for health care;
- (2) "Agent" means an individual designated in an advance directive for health care to make a health care decision for the individual granting the power;
- (3) "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;
- (4) "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;
- (5) "Guardian" means a judicially appointed guardian or conservator having authority to make a health care decision for an individual;
- (6) "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 § 32-11-103;
- (7) "Health care decision" means consent, refusal of consent or withdrawal of consent to health care;
- (8) "Health care institution" means a health care institution as defined in § 68-11-1602;
- (9) "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;
- (10) "Individual instruction" means an individual's direction concerning a health care decision for the individual;
- (11) "Person" means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
- (12) "Personally informing" means a communication by any effective means from the patient directly to a health care provider;
- (13) "Physician" means an individual authorized to practice medicine or osteopathy under title 63, chapter 6 or 9;
- (14) "Power of attorney for health care" means the designation of an agent to make health care decisions for the individual granting the power;
- (15) "Reasonably available" means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs. Such availability shall include, but not be limited to, availability by telephone;
- (16) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States;
- (17) "Supervising health care provider" means the designated physician or, if there is no designated physician or the designated physician is not reasonably available, the health care provider who has undertaken primary responsibility for an individual's health care;
- (18) "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; and
- (19) "Treating health care provider" means a health care provider who at the time is directly or indirectly involved in providing health care to the patient.
- (b) The terms "principal," "individual" and "patient" may be used interchangeably in this part, unless the context otherwise requires.
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