Surrogate Decision Maker for Medical Decisions — Immunity From Liability

1. Law
2. Tennessee Code
3. Mental Health and Substance Abuse and Intellectual and Developmental Disabilities
4. General Rules Applicable to Service Recipients
5. Special Liability Rules
6. Surrogate Decision Maker for Medical Decisions — Immunity From Liability

IF

1. 1. an adult with developmental disability that is not based solely on a diagnosis of mental illness or serious emotional disturbance does not have a conservator, OR
   2. a child with developmental disability that is not based solely on a diagnosis of mental illness or serious emotional disturbance does not have a parent or legal guardian, AND
2. 1. a licensed dentist determines that the person lacks capacity to make a decision about a routine dental decision, OR
   2. a licensed psychologist with health service provider designation determines that the person lacks capacity to make a decision about routine mental health treatment, OR
   3. a licensed physician determines that the person lacks capacity to make a decision about routine medical or mental health treatment, AND
3. the physician, psychologist, or dentist uses the assessment process prescribed by rule under § 33-3-217, AND
4. the physician, psychologist, or dentist determines that someone is eligible to serve as a surrogate decision maker for the service recipient on the matter in question under § 33-3-220, AND
5. the service recipient 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 an informed decision,

   THEN

7. the surrogate may decide for the service recipient with respect to the matter in question, AND
8. the surrogate who acts in good faith, reasonably and without malice in connection with the decision shall be free from all liability, civil or criminal, by reason of the decision.

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