Where it is necessary, under the terms of a durable power of attorney to determine the mental or physical incapacity of a patient, a healthcare provider may release personal health information to a licensed physician or licensed attorney at law if the physician or attorney at law signs and furnishes the healthcare provider with an affidavit that the release of information is necessary to determine the mental or physical incapacity of the patient, or of the agent or other fiduciary under a durable power of attorney for health care that was signed by the patient where incapacity causes the document to come into effect, discontinues its effect or calls for a change in a fiduciary acting under the document.
Structure 2021 Tennessee Code
Part 2 - Durable Power of Attorney for Health Care
§ 34-6-206. Access to Medical Records and Information
§ 34-6-210. Principal's Objection to Withholding or Withdrawal of Care
§ 34-6-211. Required Execution of Durable Power of Attorney for Health Care Prohibited
§ 34-6-212. Applicability of § 32-11-110(a)
§ 34-6-213. Life Insurance Unaffected
§ 34-6-214. Transfer of Patient by Health Care Provider
§ 34-6-215. Power of Attorney Executed Outside Tennessee — When Effective
§ 34-6-216. Attorney in Fact Other Than Parent
§ 34-6-218. Release of Personal Health Information to Determine Capacity