Section 34-6-206 - Access to medical records and information - Compulsory time frame for provision of records(a) Except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make health care decisions under the durable power of attorney has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records, and to consent to the disclosure of medical records.(b)(1) Except as provided in subdivisions (b)(2) and (4)-(6), an attorney in fact designated to make healthcare decisions under a durable power of attorney for health care has a right to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition. A hospital shall permit the attorney in fact to conduct no less than one (1) in-person visit with the principal during the hospital's regular visitation hours each day the principal is in the hospital. The hospital shall make a reasonable effort to ensure that each visit is a minimum of one (1) hour in duration.(2) A hospital may require that an attorney in fact who is entering the hospital's premises for purposes of visitation pursuant to subdivision (b)(1) submit to non-invasive health and safety protocols.(3) Except as provided in subdivisions (b)(4)-(6), the visitation right specified in subdivision (b)(1) must not be terminated, suspended, waived, or otherwise limited upon the declaration of a disaster or emergency by the governor or the governor's designee, or by another individual or entity acting on behalf of this state or a political subdivision of this state.(4) The principal may limit the visitation right specified in subdivision (b)(1) by:(A) Indicating such limitation in the durable power of attorney for healthcare; or(B) Notifying the healthcare provider orally or in writing that the principal declines a visit.(5) The visitation right specified in subdivision (b)(1) does not apply to a principal who, while in the hospital, is being detained by or is in the custody of a law enforcement officer, correctional officer, or hospital security personnel.(6) The hospital may limit the visitation right specified in subdivision (b)(1) while the principal is undergoing a surgical or other invasive procedure.(7) As used in this subsection (b), "hospital" has the same meaning as defined in § 68-11-201.(c) Notwithstanding another law to the contrary, a health care provider shall provide to the attorney in fact a copy of the principal's medical records within ten (10) working days of receipt of a written request by the attorney in fact or principal. The health care provider may provide a summary of the principal's medical records, at the option of the health care provider, but the provision of a summary does not satisfy the attorney in fact's or principal's right to receive, or serve as a substitute for, a full medical record under this subsection (c).Amended by 2024 Tenn. Acts, ch. 831,s 1, eff. 7/1/2024.Amended by 2024 Tenn. Acts, ch. 766,s 1, eff. 7/1/2024.