Physician, psychologist, or dentist - Reliance on surrogate's decision - Immunity

If the physician, psychologist, or dentist knows of no family member, of the same or higher order of preference as the surrogate under § 52-3-212(6)(F) , who objects to the surrogate's decision, and if the proposed treatment is not solely for behavior control of a person supported, then the physician, psychologist, or dentist: (1) May act on the surrogate's decision as if the person supported had the capacity to consent and had consented personally; and (2) 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. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024. If the physician, psychologist, or dentist knows of no family member, of the same or higher order of preference as the surrogate under § 52-3-212(6)(F) , who objects to the surrogate's decision, and if the proposed treatment is not solely for behavior control of a person supported, then the physician, psychologist, or dentist: (1) May act on the surrogate's decision as if the person supported had the capacity to consent and had consented personally; and (2) 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. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.