Section 0940-04-04-.06 - DUTIES OF A SURROGATE DECISION-MAKER(1) Obtain information on the following:(a) The nature of the proposed treatment or procedure;(b) The possible risks, including side effects and potential benefits of the proposed treatment, procedure or course of action;(c) The alternative treatments or courses of action and their attendant risks and potential benefits; and(d) The period of time involved such as the immediacy of the need for treatment and the length of time the consent will remain valid.(2) Make treatment decisions for an emancipated individual who lacks capacity and does not have a conservator, court appointed custodian, attorney-in-fact under a durable power of attorney or declaration for mental health treatment, which addresses the routine treatment recommended. The surrogate decision-maker may give or withhold consent for treatment.(3) If a surrogate decision-maker wishes to discontinue acting as a surrogate, notify the service provider.Tenn. Comp. R. & Regs. 0940-04-04-.06
Original rule filed March 29, 2005; effective June 12, 2005.Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, and 33-3-219 through 33-3-221.