§ 52-3-211 — Surrogate decision maker - Liability

A surrogate may decide for the person supported with respect to the matter in question, and the surrogate who acts in good faith, reasonably, and without malice in connection with the decision is free from all liability, civil or criminal, by reason of the decision, if: (1) (A) The adult with an intellectual or developmental disability does not have a conservator; or (B) The child with an intellectual or developmental disability does not have a parent or legal guardian; (2) (A) The licensed dentist determines that the person lacks capacity to make a decision about a routine dental decision; (B) The licensed psychologist with health service provider designation determines that the person lacks capacity to make a decision about a routine medical or behavioral treatment; or (C) The licensed physician determines that the person lacks capacity to make a decision about a routine medical treatment; (3) The physician, psychologist, or dentist uses an assessment process generally accepted within the professional standards of the relevant field; (4) The physician, psychologist, or dentist determines that someone is eligible to serve as a surrogate decision maker for the person supported on the matter in question under § 52-3-212 ; (5) The person supported does not reject the proposed surrogate for the decision in any way; and (6) The physician, psychologist, or dentist provides the surrogate the information necessary to make an informed decision.

Legislative History

Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.