Tennessee Code Annotated

Tenn. Code Ann. § 32-11-103 (2026)

Chapter definitions

✓ current as of May 2026

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As used in this chapter, unless the context otherwise requires:

(1) "Competent person" means an individual who is able to understand and appreciate the nature and consequences of a decision to accept or refuse treatment;

(2) "Declarant" means an individual who declares a living will under this chapter;

(3) "Health care provider," "health care facility" or "health facility" means a person, facility or institution licensed or authorized to provide health or medical care;

(4) "Living will" means a written declaration, pursuant to this chapter, stating declarant's desires for medical care or noncare, including palliative care, and other related matters such as organ donation and body disposal;

(5) "Medical care" includes any procedure or treatment rendered by a physician or health care provider designed to diagnose, assess or treat a disease, illness or injury. These include, but are not limited to: surgery; drugs; transfusions; mechanical ventilation; dialysis; cardiopulmonary resuscitation; artificial or forced feeding of nourishment, hydration or other basic nutrients, regardless of the method used; radiation therapy; or any other medical act designed for diagnosis, assessment or treatment or to sustain, restore or supplant vital body function. This part shall not be interpreted to allow the withholding or withdrawal of simple nourishment or fluids so as to condone death by starvation or dehydration unless the instrument that creates a living will or durable power of attorney for health care includes the following or substantially the following: "I authorize the withholding or withdrawal of artificially provided food, water or other nourishment or fluids";

(6) "Organ donation" means a procedure to recover vascular organs following a declaration of death pursuant to § 68-3-501(b)(2), but prior to removal from artificial support systems;

(7) "Palliative care" includes any measure taken by a physician or health care provider designed primarily to maintain the patient's comfort. These also include, but are not limited to, sedatives and pain-killing drugs, nonartificial oral feeding, suction, hydration and hygienic care;

(8) "Physician" means any person licensed or permitted to practice medical care under title 63, chapters 6 and 9;

(9) "Terminal condition" means any disease, illness, injury or condition, including, but not limited to, a coma or persistent vegetative state, sustained by any human being, from which there is no reasonable medical expectation of recovery and that, as a medical probability, will result in the death of the human being, regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life, or the life processes; and

(10) "Tissue donation" means a procedure to recover tissue following a declaration of death pursuant to § 68-3-501(b)(1), and following removal from artificial support systems.

Acts 1985, ch. 355, § 3; 1991, ch. 167, § 1; 1991, ch. 344, §§1-4; 1992, ch. 951, § 10.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1996–2024 · leading case: Owens v. Nat'l Health Corp., 263 S.W.3d 876 (Tenn. 2008).

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Owens v. Nat'l Health Corp., 263 S.W.3d 876 (Tenn. 2008). · cites it 6× “" Tenn. Code Ann. § 32-11-103 (4) (2001). A living will, therefore, is a written statement of the patient's own health care decisions regarding his or her medical care in the event he or she has a terminal condition and becomes incompetent; in such circumstances, health care…”

Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). · cites it 4× “It means “Any care, treatment, service or procedure to maintain, diagnose, treat, or otherwise affect an individual’s physical or mental condition, and includes medical care as defined in T.C.A. § 32-11-103(5).” Tenn. Comp. R. & Regs.”

San Juan-Torregosa v. Garcia, 80 S.W.3d 539 (Tenn. Ct. App. 2002). · cites it 10× “However, the Court found as a matter of law, that the general assembly had required in Tenn.Code Ann. § 32-11-103(5) that a person wishing to authorize the withholding of artificial nutrition and hydration could do so only by the inclusion of specific language in a living will…”

Compassion in Dying v. Washington, 79 F.3d 790 (9th Cir. 1996). · cites it 2× “1988); Tenn.Code Ann. § 32-11-103(9) (Supp.1991); Tex.”

Pelilia San Juan-Torregosa v. Engracia Torregosa Garcia (Tenn. Ct. App. 2002). · cites it 8× “Tenn. Code Ann. §32-11-103 (5) specifically states that medical care includes “artificial or forced feeding of nourishment, hydration, or other basic nutrients”.”

Mary Ann Caudle, Next of Kin & Co-Ex'r of Est. of Louise K. Fite, & on Behalf of Wrongful Death Beneficiaries of Louise K. Fite v. Columbia Operations, LLC d/b/a Life Care Centers of Columbia & Life Care Centers of Am., Inc. (Tenn. Ct. App. 2012). · cites it 2× “Medical care as defined in § 32-11-103(5) is specifically included in the definition of health care in § 34-6-201(2).”

Dora Nesbitt Jones v. Allenbrooke Nursing & Rehab. Ctr., LLC (Tenn. Ct. App. 2019). “2007), the Tennessee Supreme Court held that Tennessee Code Annotated section 34-6-201(2) (2001) defines “[h]ealth care” to mean “any care, treatment, service or procedure to maintain, -5- diagnose or treat an individual’s physical or mental condition, and includes medical care…”

James Williams v. Smyrna Residential, LLC (2024). “” Tenn. Code Ann. § 32-11-103 (5) (2001). -9- That reasoning cannot be reconciled with the language of the Health Care Act.”

— Tenn. Code Ann. § 32-11-103(5) — 5 cases

Owens v. Nat'l Health Corp., 263 S.W.3d 876 (Tenn. 2008). “" Tenn. Code Ann. § 32-11-103 (4) (2001). A living will, therefore, is a written statement of the patient's own health care decisions regarding his or her medical care in the event he or she has a terminal condition and becomes incompetent; in such circumstances, health care…”

Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). “It means “Any care, treatment, service or procedure to maintain, diagnose, treat, or otherwise affect an individual’s physical or mental condition, and includes medical care as defined in T.C.A. § 32-11-103(5).” Tenn. Comp. R. & Regs.”

San Juan-Torregosa v. Garcia, 80 S.W.3d 539 (Tenn. Ct. App. 2002). “However, the Court found as a matter of law, that the general assembly had required in Tenn.Code Ann. § 32-11-103(5) that a person wishing to authorize the withholding of artificial nutrition and hydration could do so only by the inclusion of specific language in a living will…”

Mary Ann Caudle, Next of Kin & Co-Ex'r of Est. of Louise K. Fite, & on Behalf of Wrongful Death Beneficiaries of Louise K. Fite v. Columbia Operations, LLC d/b/a Life Care Centers of Columbia & Life Care Centers of Am., Inc. (Tenn. Ct. App. 2012). “Medical care as defined in § 32-11-103(5) is specifically included in the definition of health care in § 34-6-201(2).”

— Tenn. Code Ann. § 32-11-103(9) — 1 case

Compassion in Dying v. Washington, 79 F.3d 790 (9th Cir. 1996). “1988); Tenn.Code Ann. § 32-11-103(9) (Supp.1991); Tex.”

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