Tenn. Comp. R. & Regs. 1200-08-01-.13 - Policies and Procedures for Health Care Decision-Making in Hospitals

All hospitals must establish policies and procedures for the designation of a decision maker for health care decisions of a patient who is incompetent or lacks capacity.  An adult or emancipated minor patient may execute an advance directive, which may authorize an individual to make health care decisions on the patient’s behalf.  An adult or emancipated minor patient may also authorize an individual to make health care decisions through the use of a surrogate.  A surrogate may be used when it is determined that the patient lacks capacity and no guardian has been appointed, or the guardian is not reasonably available.  Unless otherwise specified, a person then-authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of any other health care information.