Current through Acts 2023-2024, ch. 1069
Section 68-11-1816 - Right of agent to inpatient visitation of principal - Minimum visitation duration - Limitation of visitation prohibited - Principal authority to limit visitation - Exceptions(a) Except as provided in subsections (b) and (d)-(f), an agent designated to make healthcare decisions under a 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 agent 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.(b) A hospital may require that an agent who is entering the hospital's premises for purposes of visitation pursuant to subsection (a) submit to non-invasive health and safety protocols.(c) Except as provided in subsections (d)-(f), the visitation right specified in subsection (a) 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.(d) The principal may limit the visitation right specified in subsection (a) by: (1) Indicating such limitation in the power of attorney for health care; or(2) Notifying the healthcare provider orally or in writing that the principal declines a visit.(e) The visitation right specified in subsection (a) 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.(f) The hospital may limit the visitation right specified in subsection (a) while the principal is undergoing a surgical or other invasive procedure.(g) As used in this section, "hospital" has the same meaning as defined in § 68-11-201.Added by 2024 Tenn. Acts, ch. 766,s 2, eff. 7/1/2024.