Right of agent to inpatient visitation of principal — Minimum visitation duration — Limitation of visitation prohibited — Principal authority to limit visitation — Exceptions

Tenn. Code Ann. § 68-11-1816, under Tennessee Health Care Decisions Act.

Tenn. Code Ann. § 68-11-1816

(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.

(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.