Tenn. Code Ann. § 34-6-201
Part definitions
As used in this part, unless the context otherwise requires:
- (1) "Durable power of attorney for health care" means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal;
- (2) "Health care" means any care, treatment, service or procedure to maintain, diagnose or treat an individual's physical or mental condition, and includes medical care as defined in § 32-11-103;
- (3) "Health care decision" means consent, refusal of consent or withdrawal of consent to health care;
- (4) "Health care institution" means a health care institution as defined in § 68-11-1602;
- (5) "Health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession; and
- (6) "Person" includes an individual, corporation, partnership, association, the state, a city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.
Acts 1990, ch. 831, § 2.
Notes of Decisions
Cited in 21
cases (10 in the last 5 years), 2002–2024 · leading case: Owens v. National Health Corp.
Owens v. National Health Corp. (2008)
“" Tenn. Code Ann. § 34-6-201 (3) (2001). Under these two statutory definitions, the decision to admit King to the nursing home clearly constitutes a "health care decision.”
Dickerson v. Longoria (2010)
“to health care' ” (quoting Tenn.Code Ann. § 34-6-201(3) (2007))). 21 .”
Johnson v. Kindred Healthcare, Inc. (2014)
“at 884 , quoting Tenn. Code Ann. § 34-6-201 (3) (2001). 19 Relying on the Tennessee statute’s language authorizing an attorney in fact to “make health care decisions .”
MILLER EX REL. MILLER v. Dacus (2007)
“The law allows for execution of a power of attorney for health care by means of which one may appoint an attorney-in-fact to give or withhold consent to medical treatment in the event of disability.”
San Juan-Torregosa v. Garcia (2002)
“Tenn.Code Ann. § 34-6-201 et seq. provides for decision-making authority to be transferred to someone else upon the patient’s incompetency by way of a durable power of attorney for health care.”
James Williams v. Smyrna Residential, LLC (2024)
“Acts 355–61 (codified as amended at Tenn. Code Ann. §§ 34-6-201 to -215 (1991)).”
Parker v. Symphony of Evanston Healthcare, LLC (2023)
“¶ 36 Because we find that the arbitration agreement in this case is unenforceable, it is not necessary to address plaintiff’s remaining claims that the arbitration agreement was unconscionable and that Maestro was not a party to the agreement.”
Dora Nesbitt Jones v. Allenbrooke Nursing and Rehabilitation Center, LLC (2019)
“” Tenn. Code Ann. § 34-6-201 (3) (2001). Under these two statutory definitions, the decision to admit King to the nursing home clearly constitutes a “health care decision.”
James A. Welch v. Oaktree Health and Rehabilitation Center LLC d/b/a Christian Care Centers of Memphis (2023)
“; see Tenn. Code Ann. §§ 34-6-201 to -218 (“Durable Power of Attorney for Health Care Act”).”
Crawford v. Allenbrooke Nursing and Rehabilitation Center, LLC d/b/a Allenbrooke Nursing and Rehabilitation Center (2021)
“, the Tennessee Supreme Court held that admitting someone to a nursing home “clearly constitutes a ‘health care decision’” under § 34-6-201. 263 S.W.3d at 884 . In Owens, a principal executed a power of attorney for health care with two other people.”
James Williams v. Smyrna Residential, LLC (Dissenting) (2024)
“at 884 (citing Tenn. Code Ann. §§ 34-6-201 (3), 34-6-204(b)).”
James Williams v. Smyrna Residential, LLC (2022)
“’ ” (quoting Tenn. Code Ann. § 34-6-201 (3); § 34- 6-203)).”
— Tenn. Code Ann. § 34-6-201(1) — 2 cases
MILLER EX REL. MILLER v. Dacus (2007)
“The law allows for execution of a power of attorney for health care by means of which one may appoint an attorney-in-fact to give or withhold consent to medical treatment in the event of disability.”
Crawford v. Allenbrooke Nursing and Rehabilitation Center, LLC d/b/a Allenbrooke Nursing and Rehabilitation Center (2021)
“, the Tennessee Supreme Court held that admitting someone to a nursing home “clearly constitutes a ‘health care decision’” under § 34-6-201. 263 S.W.3d at 884 . In Owens, a principal executed a power of attorney for health care with two other people.”
— Tenn. Code Ann. § 34-6-201(2) — 4 cases
Owens v. National Health Corp. (2008)
“" Tenn. Code Ann. § 34-6-201 (3) (2001). Under these two statutory definitions, the decision to admit King to the nursing home clearly constitutes a "health care decision.”
Dora Nesbitt Jones v. Allenbrooke Nursing and Rehabilitation Center, LLC (2019)
“” Tenn. Code Ann. § 34-6-201 (3) (2001). Under these two statutory definitions, the decision to admit King to the nursing home clearly constitutes a “health care decision.”
Crawford v. Allenbrooke Nursing and Rehabilitation Center, LLC d/b/a Allenbrooke Nursing and Rehabilitation Center (2021)
“, the Tennessee Supreme Court held that admitting someone to a nursing home “clearly constitutes a ‘health care decision’” under § 34-6-201. 263 S.W.3d at 884 . In Owens, a principal executed a power of attorney for health care with two other people.”
— Tenn. Code Ann. § 34-6-201(3) — 4 cases
Owens v. National Health Corp. (2008)
“" Tenn. Code Ann. § 34-6-201 (3) (2001). Under these two statutory definitions, the decision to admit King to the nursing home clearly constitutes a "health care decision.”
Dickerson v. Longoria (2010)
“to health care' ” (quoting Tenn.Code Ann. § 34-6-201(3) (2007))). 21 .”
James Williams v. Smyrna Residential, LLC (Dissenting) (2024)
“at 884 (citing Tenn. Code Ann. §§ 34-6-201 (3), 34-6-204(b)).”
Crawford v. Allenbrooke Nursing and Rehabilitation Center, LLC d/b/a Allenbrooke Nursing and Rehabilitation Center (2021)
“, the Tennessee Supreme Court held that admitting someone to a nursing home “clearly constitutes a ‘health care decision’” under § 34-6-201. 263 S.W.3d at 884 . In Owens, a principal executed a power of attorney for health care with two other people.”
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