Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0598 Compare Versions

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2-SENATE BILL 640
3- By Campbell
2+<BillNo> <Sponsor>
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54 HOUSE BILL 598
65 By Freeman
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98 HB0598
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1211
1312 AN ACT to amend Tennessee Code Annotated, Title 32;
1413 Title 39; Title 56; Title 63 and Title 68, relative to
1514 vulnerable persons.
1615
1716 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1817 SECTION 1. Tennessee Code Annotated, Title 68, Chapter 11, is amended by adding
1918 the following language as a new part:
2019 68-11-2401. Part definitions.
2120 As used in this part:
2221 (1) ''Adult'' means an individual who is eighteen (18) years of age or
2322 older;
2423 (2) ''Attending physician'' means the physician who has primary
2524 responsibility for the care of the patient and treatment of the patient's terminal
2625 disease;
2726 (3) ''Capable'' means that in the opinion of a court or in the opinion of the
2827 patient's attending physician, consulting physician, psychiatrist, or psychologist, a
2928 patient has the ability to make and communicate healthcare decisions to
3029 healthcare providers, including communication through persons familiar with the
3130 patient's manner of communicating if those persons are available;
3231 (4) ''Consulting physician'' means a physician who is qualified by
3332 specialty or experience to make a professional diagnosis and prognosis
3433 regarding the patient's disease;
3534 (5) ''Counseling'' means one (1) or more consultations as necessary
3635 between a psychiatrist licensed pursuant to title 63, chapter 6, or psychologist
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4140 licensed pursuant to title 63, chapter 11, and a patient for the purpose of
4241 determining that the patient is capable and not suffering from a psychiatric or
4342 psychological disorder or depression causing impaired judgment;
4443 (6) ''Department'' means the department of health;
4544 (7) ''Healthcare facility'' means any institution, place, or building providing
4645 healthcare services that is required to be licensed under this chapter;
4746 (8) ''Healthcare provider'' means a person licensed, certified, or otherwise
4847 authorized or permitted by the law of this state to administer health care or
4948 dispense medication in the ordinary course of business or practice of a
5049 profession, and includes a healthcare facility;
5150 (9) ''Informed decision'' means a decision by a qualified patient to request
5251 and obtain a prescription to end the patient's life in a humane and dignified
5352 manner that is based on an appreciation of the relevant facts and after being fully
5453 informed by the attending physician of:
5554 (A) The patient's medical diagnosis;
5655 (B) The patient's prognosis;
5756 (C) The potential risks associated with taking the medication to be
5857 prescribed;
5958 (D) The probable result of taking the medication to be prescribed;
6059 and
6160 (E) The feasible alternatives, including comfort care, hospice
6261 care, and pain control;
6362 (10) ''Medically confirmed'' means the medical opinion of the attending
6463 physician has been confirmed by a consulting physician who has examined the
6564 patient and the patient's relevant medical records;
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7069 (11) ''Patient'' means a person who is under the care of a physician;
7170 (12) ''Physician'' means a doctor of medicine licensed to practice
7271 medicine by the board of medical examiners pursuant to title 63, chapter 6, or
7372 doctor of osteopathy licensed to practice by the board of osteopathic examination
7473 pursuant to title 63, chapter 9;
7574 (13) ''Qualified patient'' means a capable adult who is a resident of this
7675 state and has satisfied the requirements of this part in order to obtain a
7776 prescription for medication to end the adult's life in a humane and dignified
7877 manner; and
7978 (14) ''Terminal disease'' means an incurable and irreversible disease that
8079 has been medically confirmed and will, within reasonable medical judgment,
8180 produce death within six (6) months.
8281 68-11-2402. Initiation of written request for medication.
8382 (a) An adult who is capable, is a resident of this state, and has been determined
8483 by an attending physician and a consulting physician to be suffering from a terminal
8584 disease, and who has voluntarily expressed the wish to die, may make a written request
8685 for medication for the purpose of ending the adult's life in a humane and dignified
8786 manner in accordance with this part.
8887 (b) A person does not qualify under this part solely because of age or disability.
8988 68-11-2403. Form of written request.
9089 (a) A valid request for medication under this part must be substantially in the
9190 form described in § 68-11-2421, signed and dated by the patient and witnessed by at
9291 least two (2) individuals who, in the presence of the patient, attest that to the best of their
9392 knowledge and belief the patient is capable, acting voluntarily, and is not being coerced
9493 to sign the request.
9594
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9998 (b) One (1) of the witnesses must be a person who is not:
10099 (1) A relative of the patient by blood, marriage, or adoption;
101100 (2) A person who at the time the request is signed would be entitled to
102101 any portion of the estate of the qualified patient upon death under a will, if known,
103102 or by operation of law; or
104103 (3) An owner, operator, or employee of a healthcare facility where the
105104 qualified patient is receiving medical treatment or is a resident.
106105 (c) The patient's attending physician at the time the request is signed must not
107106 be a witness.
108107 (d) If the patient is a patient in a long-term care facility at the time the written
109108 request is made, then one (1) of the witnesses must be an individual designated by the
110109 facility. The department shall promulgate rules governing the qualifications of an
111110 individual designated as a witness by a long-term care facility pursuant to this subsection
112111 (d). Rules must be promulgated in accordance with the Uniform Administrative
113112 Procedures Act, compiled in title 4, chapter 5.
114113 68-11-2404. Attending physician responsibilities.
115114 (a) The attending physician shall:
116115 (1) Make the initial determination of whether a patient has a terminal
117116 disease, is capable, and has made the request voluntarily;
118117 (2) Ensure that the patient is making an informed decision by informing
119118 the patient of:
120119 (A) The patient's medical diagnosis;
121120 (B) The patient's prognosis;
122121 (C) The potential risks associated with taking the medication to be
123122 prescribed;
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128127 (D) The probable result of taking the medication to be prescribed;
129128 and
130129 (E) The feasible alternatives, including comfort care, hospice
131130 care, and pain control;
132131 (3) Refer the patient to a consulting physician for medical confirmation of
133132 the diagnosis and for a determination that the patient is capable and acting
134133 voluntarily;
135134 (4) Refer the patient for counseling, if appropriate, pursuant to § 68-11-
136135 2406;
137136 (5) Recommend that the patient notify next of kin;
138137 (6) Counsel the patient about the importance of having another person
139138 present when the patient takes the medication prescribed pursuant to this part
140139 and of not taking the medication in a public place;
141140 (7) Inform the patient that the patient has an opportunity to rescind the
142141 request at any time and in any manner, and offer the patient an opportunity to
143142 rescind at the time the patient makes the patient's second oral request pursuant
144143 to § 68-11-2409;
145144 (8) Verify, immediately prior to writing the prescription for medication
146145 under this part, that the patient is making an informed decision;
147146 (9) Fulfill the medical record documentation requirements of § 68-11-
148147 2412;
149148 (10) Ensure that all appropriate steps are carried out in accordance with
150149 this part prior to writing a prescription for medication to enable a qualified patient
151150 to end the patient's life in a humane and dignified manner; and
152151 (11)
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157156 (A) Dispense medications directly, including ancillary medications
158157 intended to facilitate the desired effect to minimize the patient's
159158 discomfort. The attending physician must be registered as a dispensing
160159 physician with the board of pharmacy and the board of medical examiners
161160 or the board of osteopathic examination, have a current drug enforcement
162161 administration certificate, and comply with any applicable rule; or
163162 (B) With the patient's written consent:
164163 (i) Contact a pharmacist and inform the pharmacist of the
165164 prescription; and
166165 (ii) Deliver the written prescription personally or by mail to
167166 the pharmacist, who will dispense the medications to the patient,
168167 the attending physician, or an expressly identified agent of the
169168 patient.
170169 (b) Notwithstanding any law to the contrary, the attending physician may sign the
171170 patient's death certificate.
172171 68-11-2405. Consulting physician confirmation.
173172 Before a patient is qualified under this part, a consulting physician shall examine
174173 the patient and the patient's relevant medical records. The consulting physician shall
175174 confirm, in writing, the attending physician's diagnosis that the patient is suffering from a
176175 terminal disease and verify that the patient is capable, is acting voluntarily, and has
177176 made an informed decision.
178177 68-11-2406. Counseling referral.
179178 If, in the opinion of the attending physician or the consulting physician, a patient
180179 may be suffering from a psychiatric or psychological disorder or depression causing
181180 impaired judgment, either physician must refer the patient for counseling. Medication to
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186185 end a patient's life in a humane and dignified manner must not be prescribed until the
187186 person performing the counseling determines that the patient is not suffering from a
188187 psychiatric or psychological disorder or depression causing impaired judgment.
189188 68-11-2407. Informed decision.
190189 A person must not receive a prescription for medication to end the person's life in
191190 a humane and dignified manner unless the person has made an informed decision.
192191 Immediately prior to writing a prescription for medication under this part, the attending
193192 physician shall verify that the patient is making an informed decision.
194193 68-11-2408. Family notification.
195194 The attending physician shall recommend that the patient notify the next of kin of
196195 the patient's request for medication pursuant to this part. A patient who declines or is
197196 unable to notify next of kin must not have the patient's request denied for that reason.
198197 68-11-2409. Written and oral requests.
199198 (a) In order for a qualified patient to receive a prescription for medication to end
200199 the patient's life in a humane and dignified manner, a qualified patient must:
201200 (1) Make an initial oral request to the patient's attending physician;
202201 (2) Make a written request to the patient's attending physician; and
203202 (3) Make a second oral request to the patient's attending physician no
204203 less than fifteen (15) days after making the initial oral request.
205204 (b) Notwithstanding subsection (a), if the qualified patient's attending physician
206205 has medically confirmed that the qualified patient will, within reasonable medical
207206 judgment, die within fifteen (15) days after making the initial oral request under this
208207 section, then the qualified patient may reiterate the oral request to the attending
209208 physician at any time after making the initial oral request.
210209
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214213 (c) At the time the qualified patient makes the second oral request, the attending
215214 physician shall offer the patient an opportunity to rescind the request.
216215 68-11-2410. Right to rescind request.
217216 A patient may rescind a request at any time and in any manner without regard to
218217 the patient's mental state. A prescription for medication under this part must not be
219218 written without the attending physician offering the qualified patient an opportunity to
220219 rescind the request.
221220 68-11-2411. Waiting periods.
222221 (a) No less than fifteen (15) days shall elapse between the patient's initial oral
223222 request pursuant to § 68-11-2409(a)(1) and the writing of a prescription under this part.
224223 (b) No less than forty-eight (48) hours shall elapse between the patient's written
225224 request pursuant to § 68-11-2409(a)(2) and the writing of a prescription under this part.
226225 (c) Notwithstanding subsections (a) and (b), if the qualified patient's attending
227226 physician has medically confirmed that the qualified patient will, within reasonable
228227 medical judgment, die before the expiration of at least one (1) of the waiting periods
229228 described in subsections (a) and (b), then the prescription for medication under this part
230229 may be written at any time following the latter of the qualified patient's written request or
231230 second oral request under § 68-11-2409.
232231 68-11-2412. Medical record documentation requirements.
233232 The following must be documented or filed in the patient's medical record:
234233 (1) All oral requests by a patient for medication to end the patient's life in
235234 a humane and dignified manner;
236235 (2) All written requests by a patient for medication to end the patient's life
237236 in a humane and dignified manner;
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242241 (3) The attending physician's diagnosis, prognosis, and determination
243242 that the patient is capable, acting voluntarily, and has made an informed
244243 decision;
245244 (4) The consulting physician's diagnosis, prognosis, and verification that
246245 the patient is capable, acting voluntarily, and has made an informed decision;
247246 (5) A report of the outcome and determinations made during counseling,
248247 if performed;
249248 (6) Any medically confirmed certification of the imminence of the patient's
250249 death;
251250 (7) The attending physician's offer to the patient to rescind the patient's
252251 request at the time of the patient's second oral request pursuant to § 68-11-2409;
253252 and
254253 (8) A note by the attending physician indicating that all requirements of
255254 this part have been met and indicating the steps taken to carry out the request,
256255 including a notation of the medication prescribed.
257256 68-11-2413. Reporting requirements.
258257 (a) The department shall:
259258 (1) Annually review a sample of records maintained pursuant to this part;
260259 and
261260 (2) Require a healthcare provider, upon dispensing medication pursuant
262261 to this part, to file a copy of the dispensing record with the department.
263262 (b) The department shall make rules to facilitate the collection of information
264263 regarding compliance with this part. The information collected is not a public record for
265264 the purposes of title 10, chapter 7, and must not be made available for inspection by the
266265 public.
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271270 (c) The department shall generate and make available to the public an annual
272271 statistical report of information collected under subsection (a).
273272 68-11-2414. Effect on construction of wills, contracts, and statutes.
274273 (a) A provision in a contract, life insurance policy, will, or other agreement,
275274 whether written or oral, to the extent the provision would affect whether a person may
276275 make or rescind a request for medication to end the person's life in a humane and
277276 dignified manner, is not valid.
278277 (b) An obligation owing under any currently existing contract must not be
279278 conditioned or affected by the making or rescinding of a request, by a person, for
280279 medication to end the person's life in a humane and dignified manner.
281280 (c) This section applies to contracts, policies, wills, or agreements entered into
282281 or renewed on or after the effective date of this act.
283282 68-11-2415. Insurance or annuity policies.
284283 The sale, procurement, or issuance of any life, health, or accident insurance or
285284 annuity policy, or the rate charged for any policy, is not conditioned upon or affected by
286285 the making or rescinding of a request, by a person, for medication to end the person's
287286 life in a humane and dignified manner. A qualified patient's act of ingesting medication
288287 to end the patient's life in a humane and dignified manner does not have an effect upon
289288 a life, health, or accident insurance or annuity policy.
290289 68-11-2416. Authorized actions.
291290 This part does not authorize a physician or another person to end a patient's life
292291 by lethal injection, mercy killing, or active euthanasia. Actions taken in accordance with
293292 this part do not, for any purpose, constitute suicide, assisted suicide under § 39-13-216,
294293 mercy killing, or criminal homicide under title 39, chapter 13, part 2.
295294 68-11-2417. Immunity.
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300299 (a) A person is not subject to civil or criminal liability or professional disciplinary
301300 action for participating in good faith compliance with this part. This includes being
302301 present when a qualified patient takes the prescribed medication to end the patient's life
303302 in a humane and dignified manner.
304303 (b) A professional organization or association, or healthcare provider, shall not
305304 subject a person to censure, discipline, suspension, loss of license, loss of privileges,
306305 loss of membership, or other penalty for participating or refusing to participate in good
307306 faith compliance with this part.
308307 (c) A request by a patient for, or provision by an attending physician of,
309308 medication in good faith compliance with this part must not constitute neglect for any
310309 purpose of law or provide the sole basis for the appointment of a guardian or
311310 conservator.
312311 (d) A healthcare provider is not under any duty, whether by contract, statute, or
313312 another legal requirement, to participate in the provision to a qualified patient of
314313 medication to end the patient's life in a humane and dignified manner. If a healthcare
315314 provider is unable or unwilling to carry out a patient's request under this part, and the
316315 patient transfers the patient's care to a new healthcare provider, then the prior
317316 healthcare provider must transfer, upon request, a copy of the patient's relevant medical
318317 records to the new healthcare provider.
319318 (e)
320319 (1) Notwithstanding another law, a healthcare provider may prohibit
321320 another healthcare provider from participating in this part on the premises of the
322321 prohibiting provider if the prohibiting provider has notified the healthcare provider
323322 of the prohibiting provider's policy regarding participating in this part. This
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328327 subdivision (e)(1) does not prohibit a healthcare provider from providing to a
329328 patient healthcare services that do not constitute participation in this part.
330329 (2) Notwithstanding subsections (a)-(d), a healthcare provider may
331330 subject another healthcare provider to the following sanctions if the sanctioning
332331 healthcare provider has notified the sanctioned provider prior to participation in
333332 this part that the sanctioning provider prohibits participation in this part:
334333 (A) Loss of privileges, loss of membership, or other sanctions
335334 provided pursuant to the medical staff bylaws, policies, and procedures of
336335 the sanctioning healthcare provider, if the sanctioned provider is a
337336 member of the sanctioning provider's medical staff and participates in this
338337 part while on the healthcare facility premises of the sanctioning
339338 healthcare provider, but not including the private medical office of a
340339 physician or other provider;
341340 (B) Termination of lease or other property contract or other
342341 nonmonetary remedies provided by lease contract, not including loss or
343342 restriction of medical staff privileges or exclusion from a provider panel, if
344343 the sanctioned provider participates in this part while on the premises of
345344 the sanctioning healthcare provider or on property that is owned by or
346345 under the direct control of the sanctioning healthcare provider; or
347346 (C) Termination of contract or other nonmonetary remedies
348347 provided by contract, if the sanctioned provider participates in this part
349348 while acting in the course and scope of the sanctioned provider's capacity
350349 as an employee or independent contractor of the sanctioning healthcare
351350 provider. This subdivision (e)(2)(C) does not prevent:
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356355 (i) A healthcare provider from participating in this part
357356 while acting outside the course and scope of the provider's
358357 capacity as an employee or independent contractor; or
359358 (ii) A patient from contracting with the patient's attending
360359 physician and consulting physician to act outside the course and
361360 scope of the provider's capacity as an employee or independent
362361 contractor of the sanctioning healthcare provider.
363362 (3) A healthcare provider that imposes sanctions pursuant to subdivision
364363 (e)(2) shall afford the sanctioned healthcare provider all due process and follow
365364 all other procedures that are required of the sanctioning healthcare provider
366365 under law or rule that are related to the imposition of sanctions on another
367366 healthcare provider.
368367 (4) For purposes of this subsection (e):
369368 (A) ''Notify'' means a separate statement in writing to the
370369 healthcare provider specifically informing the healthcare provider prior to
371370 the provider's participation in this part of the sanctioning healthcare
372371 provider's policy about participation in activities covered by this part;
373372 (B) ''Participate in this part'':
374373 (i) Means to perform the duties of an attending physician
375374 pursuant to § 68-11-2404, the consulting physician function
376375 pursuant to § 68-11-2405, or the counseling function pursuant to §
377376 68-11-2406; and
378377 (ii) Does not include:
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383382 (a) Making an initial determination that a patient
384383 has a terminal disease and informing the patient of the
385384 medical prognosis;
386385 (b) Providing information about this part to a
387386 patient upon the request of the patient;
388387 (c) Providing a patient, upon the request of the
389388 patient, with a referral to another physician; or
390389 (d) A patient contracting with the patient's
391390 attending physician and consulting physician to act outside
392391 of the course and scope of the provider's capacity as an
393392 employee or independent contractor of the sanctioning
394393 healthcare provider.
395394 (f) Suspension or termination of staff membership or privileges under subsection
396395 (e) is not reportable to the board of medical examiners or board of osteopathic
397396 examination for disciplinary purposes or by the applicable quality improvement
398397 committee to another quality improvement committee. Action taken pursuant to § 68-11-
399398 2403, § 68-11-2404, § 68-11-2405, or § 68-11-2406 must not be the sole basis for a
400399 report of immoral, unethical, unprofessional, or dishonorable conduct.
401400 (g) This part does not allow a lower standard of care for patients in the
402401 community where the patient is treated or a similar community.
403402 68-11-2418. Liability.
404403 (a) A person who, without authorization of the patient, willfully alters or forges a
405404 request for medication, or conceals or destroys a rescission of that request with the
406405 intent or effect of causing the patient's death, commits a Class A felony.
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411410 (b) A person who coerces or exerts undue influence on a patient to request
412411 medication for the purpose of ending the patient's life, or to destroy a rescission of a
413412 request, commits a Class A felony.
414413 (c) This part does not limit further liability for civil damages resulting from other
415414 negligent conduct or intentional misconduct by any person.
416415 (d) The penalties in this part do not preclude criminal penalties applicable under
417416 other law for conduct which is inconsistent with this part.
418417 68-11-2419. Claims by a governmental entity for costs incurred.
419418 A governmental entity that incurs costs resulting from a person terminating the
420419 person's life pursuant to this part in a public place has a claim against the estate of the
421420 person to recover costs and reasonable attorney fees related to enforcing the claim.
422421 68-11-2420. Form of the request.
423422 A request for medication as authorized by this part must be substantially in the
424423 following form:
425424 REQUEST FOR MEDICATION
426425 TO END MY LIFE IN A HUMANE
427426 AND DIGNIFIED MANNER
428427
429428 I, ________________, am an adult of sound mind.
430429
431430 I am suffering from _______, which my attending physician has determined is a terminal
432431 disease and which has been medically confirmed by a consulting physician.
433432
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438437 I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed
439438 and potential associated risks, the expected result, and the feasible alternatives, including
440439 comfort care, hospice care, and pain control.
441440
442441 I request that my attending physician prescribe medication that will end my life in a humane and
443442 dignified manner.
444443
445444 INITIAL ONE:
446445 _____ I have informed my family of my decision and taken their opinions into consideration.
447446 _____ I have decided not to inform my family of my decision.
448447 _____ I have no family to inform of my decision.
449448
450449 I understand that I have the right to rescind this request at any time.
451450
452451 I understand the full import of this request, and I expect to die when I take the medication to be
453452 prescribed. I further understand that although most deaths occur within three (3) hours, my
454453 death may take longer and my physician has counseled me about this possibility.
455454
456455 I make this request voluntarily and without reservation, and I accept full moral responsibility for
457456 my actions.
458457
459458 Signed: ___________
460459 Dated: ___________
461460
462461 DECLARATION OF WITNESSES
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467466
468467 We declare that the person signing this request:
469468 (a) Is personally known to us or has provided proof of identity;
470469 (b) Signed this request in our presence;
471470 (c) Appears to be of sound mind and not under duress, fraud, or undue influence; and
472471 (d) Is not a patient for whom either of us is the attending physician.
473472
474473 __________ Witness 1/Date
475474 __________ Witness 2/Date
476475
477476 NOTE: One (1) witness must not be a relative (by blood, marriage, or adoption) of the person
478477 signing this request, is not entitled to any portion of the person's estate upon death, and must
479478 not own, operate, or be employed at a healthcare facility where the person is a patient or
480479 resident. If the patient is a patient in a long-term care facility at the time the written request is
481480 made, then one (1) of the witnesses must be an individual designated by the facility.
482481 68-11-2421. Penalties.
483482 (a) It is a Class A felony for a person without authorization of the principal to
484483 willfully alter, forge, conceal, or destroy an instrument, the reinstatement or revocation of
485484 an instrument, or any other evidence or document reflecting the principal's desires and
486485 interests, with the intent and effect of causing a withholding or withdrawal of life-
487486 sustaining procedures or of artificially administered nutrition and hydration which hastens
488487 the death of the principal.
489488 (b) Except as provided in subsection (a), it is a Class A misdemeanor for a
490489 person without authorization of the principal to willfully alter, forge, conceal, or destroy
491490 an instrument, the reinstatement or revocation of an instrument, or any other evidence or
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496495 document reflecting the principal's desires and interests with the intent or effect of
497496 affecting a healthcare decision.
498497 SECTION 2. Tennessee Code Annotated, Section 39-13-216(b), is amended by adding
499498 the following language as a new subdivision:
500499 (4) Provide medication to a qualified patient for the purpose of ending the
501500 patient's life in a humane and dignified manner pursuant to title 68, chapter 11, part 24.
502501 SECTION 3. If any provision of this act or its application to any person or circumstance
503502 is held invalid, then the invalidity shall not affect other provisions or applications of the act that
504503 can be given effect without the invalid provision or application, and to that end, the provisions of
505504 this act are severable.
506505 SECTION 4. The headings in this act are for reference purposes only and do not
507506 constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
508507 requested to include the headings in any compilation or publication containing this act.
509508 SECTION 5. For purposes of rulemaking, this act takes effect upon becoming a law, the
510509 public welfare requiring it. For all other purposes, this act takes effect July 1, 2025, the public
511510 welfare requiring it.