2018 Tennessee Code
Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities
Chapter 3 - General Rules Applicable to Service Recipients
Part 2 - Special Liability Rules
§ 33-3-221. Immunity of medical professional acting in accordance with decision of surrogate decision maker.

Universal Citation: TN Code § 33-3-221 (2018)
  • 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

  • (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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