Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0640 Compare Versions

Only one version of the bill is available at this time.
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22 HOUSE BILL 598
33 By Freeman
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55 SENATE BILL 640
66 By Campbell
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99 SB0640
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1313 AN ACT to amend Tennessee Code Annotated, Title 32;
1414 Title 39; Title 56; Title 63 and Title 68, relative to
1515 vulnerable persons.
1616
1717 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1818 SECTION 1. Tennessee Code Annotated, Title 68, Chapter 11, is amended by adding
1919 the following language as a new part:
2020 68-11-2401. Part definitions.
2121 As used in this part:
2222 (1) ''Adult'' means an individual who is eighteen (18) years of age or
2323 older;
2424 (2) ''Attending physician'' means the physician who has primary
2525 responsibility for the care of the patient and treatment of the patient's terminal
2626 disease;
2727 (3) ''Capable'' means that in the opinion of a court or in the opinion of the
2828 patient's attending physician, consulting physician, psychiatrist, or psychologist, a
2929 patient has the ability to make and communicate healthcare decisions to
3030 healthcare providers, including communication through persons familiar with the
3131 patient's manner of communicating if those persons are available;
3232 (4) ''Consulting physician'' means a physician who is qualified by
3333 specialty or experience to make a professional diagnosis and prognosis
3434 regarding the patient's disease;
3535 (5) ''Counseling'' means one (1) or more consultations as necessary
3636 between a psychiatrist licensed pursuant to title 63, chapter 6, or psychologist
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4141 licensed pursuant to title 63, chapter 11, and a patient for the purpose of
4242 determining that the patient is capable and not suffering from a psychiatric or
4343 psychological disorder or depression causing impaired judgment;
4444 (6) ''Department'' means the department of health;
4545 (7) ''Healthcare facility'' means any institution, place, or building providing
4646 healthcare services that is required to be licensed under this chapter;
4747 (8) ''Healthcare provider'' means a person licensed, certified, or otherwise
4848 authorized or permitted by the law of this state to administer health care or
4949 dispense medication in the ordinary course of business or practice of a
5050 profession, and includes a healthcare facility;
5151 (9) ''Informed decision'' means a decision by a qualified patient to request
5252 and obtain a prescription to end the patient's life in a humane and dignified
5353 manner that is based on an appreciation of the relevant facts and after being fully
5454 informed by the attending physician of:
5555 (A) The patient's medical diagnosis;
5656 (B) The patient's prognosis;
5757 (C) The potential risks associated with taking the medication to be
5858 prescribed;
5959 (D) The probable result of taking the medication to be prescribed;
6060 and
6161 (E) The feasible alternatives, including comfort care, hospice
6262 care, and pain control;
6363 (10) ''Medically confirmed'' means the medical opinion of the attending
6464 physician has been confirmed by a consulting physician who has examined the
6565 patient and the patient's relevant medical records;
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7070 (11) ''Patient'' means a person who is under the care of a physician;
7171 (12) ''Physician'' means a doctor of medicine licensed to practice
7272 medicine by the board of medical examiners pursuant to title 63, chapter 6, or
7373 doctor of osteopathy licensed to practice by the board of osteopathic examination
7474 pursuant to title 63, chapter 9;
7575 (13) ''Qualified patient'' means a capable adult who is a resident of this
7676 state and has satisfied the requirements of this part in order to obtain a
7777 prescription for medication to end the adult's life in a humane and dignified
7878 manner; and
7979 (14) ''Terminal disease'' means an incurable and irreversible disease that
8080 has been medically confirmed and will, within reasonable medical judgment,
8181 produce death within six (6) months.
8282 68-11-2402. Initiation of written request for medication.
8383 (a) An adult who is capable, is a resident of this state, and has been determined
8484 by an attending physician and a consulting physician to be suffering from a terminal
8585 disease, and who has voluntarily expressed the wish to die, may make a written request
8686 for medication for the purpose of ending the adult's life in a humane and dignified
8787 manner in accordance with this part.
8888 (b) A person does not qualify under this part solely because of age or disability.
8989 68-11-2403. Form of written request.
9090 (a) A valid request for medication under this part must be substantially in the
9191 form described in § 68-11-2421, signed and dated by the patient and witnessed by at
9292 least two (2) individuals who, in the presence of the patient, attest that to the best of their
9393 knowledge and belief the patient is capable, acting voluntarily, and is not being coerced
9494 to sign the request.
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9999 (b) One (1) of the witnesses must be a person who is not:
100100 (1) A relative of the patient by blood, marriage, or adoption;
101101 (2) A person who at the time the request is signed would be entitled to
102102 any portion of the estate of the qualified patient upon death under a will, if known,
103103 or by operation of law; or
104104 (3) An owner, operator, or employee of a healthcare facility where the
105105 qualified patient is receiving medical treatment or is a resident.
106106 (c) The patient's attending physician at the time the request is signed must not
107107 be a witness.
108108 (d) If the patient is a patient in a long-term care facility at the time the written
109109 request is made, then one (1) of the witnesses must be an individual designated by the
110110 facility. The department shall promulgate rules governing the qualifications of an
111111 individual designated as a witness by a long-term care facility pursuant to this subsection
112112 (d). Rules must be promulgated in accordance with the Uniform Administrative
113113 Procedures Act, compiled in title 4, chapter 5.
114114 68-11-2404. Attending physician responsibilities.
115115 (a) The attending physician shall:
116116 (1) Make the initial determination of whether a patient has a terminal
117117 disease, is capable, and has made the request voluntarily;
118118 (2) Ensure that the patient is making an informed decision by informing
119119 the patient of:
120120 (A) The patient's medical diagnosis;
121121 (B) The patient's prognosis;
122122 (C) The potential risks associated with taking the medication to be
123123 prescribed;
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128128 (D) The probable result of taking the medication to be prescribed;
129129 and
130130 (E) The feasible alternatives, including comfort care, hospice
131131 care, and pain control;
132132 (3) Refer the patient to a consulting physician for medical confirmation of
133133 the diagnosis and for a determination that the patient is capable and acting
134134 voluntarily;
135135 (4) Refer the patient for counseling, if appropriate, pursuant to § 68-11-
136136 2406;
137137 (5) Recommend that the patient notify next of kin;
138138 (6) Counsel the patient about the importance of having another person
139139 present when the patient takes the medication prescribed pursuant to this part
140140 and of not taking the medication in a public place;
141141 (7) Inform the patient that the patient has an opportunity to rescind the
142142 request at any time and in any manner, and offer the patient an opportunity to
143143 rescind at the time the patient makes the patient's second oral request pursuant
144144 to § 68-11-2409;
145145 (8) Verify, immediately prior to writing the prescription for medication
146146 under this part, that the patient is making an informed decision;
147147 (9) Fulfill the medical record documentation requirements of § 68-11-
148148 2412;
149149 (10) Ensure that all appropriate steps are carried out in accordance with
150150 this part prior to writing a prescription for medication to enable a qualified patient
151151 to end the patient's life in a humane and dignified manner; and
152152 (11)
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157157 (A) Dispense medications directly, including ancillary medications
158158 intended to facilitate the desired effect to minimize the patient's
159159 discomfort. The attending physician must be registered as a dispensing
160160 physician with the board of pharmacy and the board of medical examiners
161161 or the board of osteopathic examination, have a current drug enforcement
162162 administration certificate, and comply with any applicable rule; or
163163 (B) With the patient's written consent:
164164 (i) Contact a pharmacist and inform the pharmacist of the
165165 prescription; and
166166 (ii) Deliver the written prescription personally or by mail to
167167 the pharmacist, who will dispense the medications to the patient,
168168 the attending physician, or an expressly identified agent of the
169169 patient.
170170 (b) Notwithstanding any law to the contrary, the attending physician may sign the
171171 patient's death certificate.
172172 68-11-2405. Consulting physician confirmation.
173173 Before a patient is qualified under this part, a consulting physician shall examine
174174 the patient and the patient's relevant medical records. The consulting physician shall
175175 confirm, in writing, the attending physician's diagnosis that the patient is suffering from a
176176 terminal disease and verify that the patient is capable, is acting voluntarily, and has
177177 made an informed decision.
178178 68-11-2406. Counseling referral.
179179 If, in the opinion of the attending physician or the consulting physician, a patient
180180 may be suffering from a psychiatric or psychological disorder or depression causing
181181 impaired judgment, either physician must refer the patient for counseling. Medication to
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186186 end a patient's life in a humane and dignified manner must not be prescribed until the
187187 person performing the counseling determines that the patient is not suffering from a
188188 psychiatric or psychological disorder or depression causing impaired judgment.
189189 68-11-2407. Informed decision.
190190 A person must not receive a prescription for medication to end the person's life in
191191 a humane and dignified manner unless the person has made an informed decision.
192192 Immediately prior to writing a prescription for medication under this part, the attending
193193 physician shall verify that the patient is making an informed decision.
194194 68-11-2408. Family notification.
195195 The attending physician shall recommend that the patient notify the next of kin of
196196 the patient's request for medication pursuant to this part. A patient who declines or is
197197 unable to notify next of kin must not have the patient's request denied for that reason.
198198 68-11-2409. Written and oral requests.
199199 (a) In order for a qualified patient to receive a prescription for medication to end
200200 the patient's life in a humane and dignified manner, a qualified patient must:
201201 (1) Make an initial oral request to the patient's attending physician;
202202 (2) Make a written request to the patient's attending physician; and
203203 (3) Make a second oral request to the patient's attending physician no
204204 less than fifteen (15) days after making the initial oral request.
205205 (b) Notwithstanding subsection (a), if the qualified patient's attending physician
206206 has medically confirmed that the qualified patient will, within reasonable medical
207207 judgment, die within fifteen (15) days after making the initial oral request under this
208208 section, then the qualified patient may reiterate the oral request to the attending
209209 physician at any time after making the initial oral request.
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214214 (c) At the time the qualified patient makes the second oral request, the attending
215215 physician shall offer the patient an opportunity to rescind the request.
216216 68-11-2410. Right to rescind request.
217217 A patient may rescind a request at any time and in any manner without regard to
218218 the patient's mental state. A prescription for medication under this part must not be
219219 written without the attending physician offering the qualified patient an opportunity to
220220 rescind the request.
221221 68-11-2411. Waiting periods.
222222 (a) No less than fifteen (15) days shall elapse between the patient's initial oral
223223 request pursuant to § 68-11-2409(a)(1) and the writing of a prescription under this part.
224224 (b) No less than forty-eight (48) hours shall elapse between the patient's written
225225 request pursuant to § 68-11-2409(a)(2) and the writing of a prescription under this part.
226226 (c) Notwithstanding subsections (a) and (b), if the qualified patient's attending
227227 physician has medically confirmed that the qualified patient will, within reasonable
228228 medical judgment, die before the expiration of at least one (1) of the waiting periods
229229 described in subsections (a) and (b), then the prescription for medication under this part
230230 may be written at any time following the latter of the qualified patient's written request or
231231 second oral request under § 68-11-2409.
232232 68-11-2412. Medical record documentation requirements.
233233 The following must be documented or filed in the patient's medical record:
234234 (1) All oral requests by a patient for medication to end the patient's life in
235235 a humane and dignified manner;
236236 (2) All written requests by a patient for medication to end the patient's life
237237 in a humane and dignified manner;
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242242 (3) The attending physician's diagnosis, prognosis, and determination
243243 that the patient is capable, acting voluntarily, and has made an informed
244244 decision;
245245 (4) The consulting physician's diagnosis, prognosis, and verification that
246246 the patient is capable, acting voluntarily, and has made an informed decision;
247247 (5) A report of the outcome and determinations made during counseling,
248248 if performed;
249249 (6) Any medically confirmed certification of the imminence of the patient's
250250 death;
251251 (7) The attending physician's offer to the patient to rescind the patient's
252252 request at the time of the patient's second oral request pursuant to § 68-11-2409;
253253 and
254254 (8) A note by the attending physician indicating that all requirements of
255255 this part have been met and indicating the steps taken to carry out the request,
256256 including a notation of the medication prescribed.
257257 68-11-2413. Reporting requirements.
258258 (a) The department shall:
259259 (1) Annually review a sample of records maintained pursuant to this part;
260260 and
261261 (2) Require a healthcare provider, upon dispensing medication pursuant
262262 to this part, to file a copy of the dispensing record with the department.
263263 (b) The department shall make rules to facilitate the collection of information
264264 regarding compliance with this part. The information collected is not a public record for
265265 the purposes of title 10, chapter 7, and must not be made available for inspection by the
266266 public.
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271271 (c) The department shall generate and make available to the public an annual
272272 statistical report of information collected under subsection (a).
273273 68-11-2414. Effect on construction of wills, contracts, and statutes.
274274 (a) A provision in a contract, life insurance policy, will, or other agreement,
275275 whether written or oral, to the extent the provision would affect whether a person may
276276 make or rescind a request for medication to end the person's life in a humane and
277277 dignified manner, is not valid.
278278 (b) An obligation owing under any currently existing contract must not be
279279 conditioned or affected by the making or rescinding of a request, by a person, for
280280 medication to end the person's life in a humane and dignified manner.
281281 (c) This section applies to contracts, policies, wills, or agreements entered into
282282 or renewed on or after the effective date of this act.
283283 68-11-2415. Insurance or annuity policies.
284284 The sale, procurement, or issuance of any life, health, or accident insurance or
285285 annuity policy, or the rate charged for any policy, is not conditioned upon or affected by
286286 the making or rescinding of a request, by a person, for medication to end the person's
287287 life in a humane and dignified manner. A qualified patient's act of ingesting medication
288288 to end the patient's life in a humane and dignified manner does not have an effect upon
289289 a life, health, or accident insurance or annuity policy.
290290 68-11-2416. Authorized actions.
291291 This part does not authorize a physician or another person to end a patient's life
292292 by lethal injection, mercy killing, or active euthanasia. Actions taken in accordance with
293293 this part do not, for any purpose, constitute suicide, assisted suicide under § 39-13-216,
294294 mercy killing, or criminal homicide under title 39, chapter 13, part 2.
295295 68-11-2417. Immunity.
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300300 (a) A person is not subject to civil or criminal liability or professional disciplinary
301301 action for participating in good faith compliance with this part. This includes being
302302 present when a qualified patient takes the prescribed medication to end the patient's life
303303 in a humane and dignified manner.
304304 (b) A professional organization or association, or healthcare provider, shall not
305305 subject a person to censure, discipline, suspension, loss of license, loss of privileges,
306306 loss of membership, or other penalty for participating or refusing to participate in good
307307 faith compliance with this part.
308308 (c) A request by a patient for, or provision by an attending physician of,
309309 medication in good faith compliance with this part must not constitute neglect for any
310310 purpose of law or provide the sole basis for the appointment of a guardian or
311311 conservator.
312312 (d) A healthcare provider is not under any duty, whether by contract, statute, or
313313 another legal requirement, to participate in the provision to a qualified patient of
314314 medication to end the patient's life in a humane and dignified manner. If a healthcare
315315 provider is unable or unwilling to carry out a patient's request under this part, and the
316316 patient transfers the patient's care to a new healthcare provider, then the prior
317317 healthcare provider must transfer, upon request, a copy of the patient's relevant medical
318318 records to the new healthcare provider.
319319 (e)
320320 (1) Notwithstanding another law, a healthcare provider may prohibit
321321 another healthcare provider from participating in this part on the premises of the
322322 prohibiting provider if the prohibiting provider has notified the healthcare provider
323323 of the prohibiting provider's policy regarding participating in this part. This
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328328 subdivision (e)(1) does not prohibit a healthcare provider from providing to a
329329 patient healthcare services that do not constitute participation in this part.
330330 (2) Notwithstanding subsections (a)-(d), a healthcare provider may
331331 subject another healthcare provider to the following sanctions if the sanctioning
332332 healthcare provider has notified the sanctioned provider prior to participation in
333333 this part that the sanctioning provider prohibits participation in this part:
334334 (A) Loss of privileges, loss of membership, or other sanctions
335335 provided pursuant to the medical staff bylaws, policies, and procedures of
336336 the sanctioning healthcare provider, if the sanctioned provider is a
337337 member of the sanctioning provider's medical staff and participates in this
338338 part while on the healthcare facility premises of the sanctioning
339339 healthcare provider, but not including the private medical office of a
340340 physician or other provider;
341341 (B) Termination of lease or other property contract or other
342342 nonmonetary remedies provided by lease contract, not including loss or
343343 restriction of medical staff privileges or exclusion from a provider panel, if
344344 the sanctioned provider participates in this part while on the premises of
345345 the sanctioning healthcare provider or on property that is owned by or
346346 under the direct control of the sanctioning healthcare provider; or
347347 (C) Termination of contract or other nonmonetary remedies
348348 provided by contract, if the sanctioned provider participates in this part
349349 while acting in the course and scope of the sanctioned provider's capacity
350350 as an employee or independent contractor of the sanctioning healthcare
351351 provider. This subdivision (e)(2)(C) does not prevent:
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356356 (i) A healthcare provider from participating in this part
357357 while acting outside the course and scope of the provider's
358358 capacity as an employee or independent contractor; or
359359 (ii) A patient from contracting with the patient's attending
360360 physician and consulting physician to act outside the course and
361361 scope of the provider's capacity as an employee or independent
362362 contractor of the sanctioning healthcare provider.
363363 (3) A healthcare provider that imposes sanctions pursuant to subdivision
364364 (e)(2) shall afford the sanctioned healthcare provider all due process and follow
365365 all other procedures that are required of the sanctioning healthcare provider
366366 under law or rule that are related to the imposition of sanctions on another
367367 healthcare provider.
368368 (4) For purposes of this subsection (e):
369369 (A) ''Notify'' means a separate statement in writing to the
370370 healthcare provider specifically informing the healthcare provider prior to
371371 the provider's participation in this part of the sanctioning healthcare
372372 provider's policy about participation in activities covered by this part;
373373 (B) ''Participate in this part'':
374374 (i) Means to perform the duties of an attending physician
375375 pursuant to § 68-11-2404, the consulting physician function
376376 pursuant to § 68-11-2405, or the counseling function pursuant to §
377377 68-11-2406; and
378378 (ii) Does not include:
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383383 (a) Making an initial determination that a patient
384384 has a terminal disease and informing the patient of the
385385 medical prognosis;
386386 (b) Providing information about this part to a
387387 patient upon the request of the patient;
388388 (c) Providing a patient, upon the request of the
389389 patient, with a referral to another physician; or
390390 (d) A patient contracting with the patient's
391391 attending physician and consulting physician to act outside
392392 of the course and scope of the provider's capacity as an
393393 employee or independent contractor of the sanctioning
394394 healthcare provider.
395395 (f) Suspension or termination of staff membership or privileges under subsection
396396 (e) is not reportable to the board of medical examiners or board of osteopathic
397397 examination for disciplinary purposes or by the applicable quality improvement
398398 committee to another quality improvement committee. Action taken pursuant to § 68-11-
399399 2403, § 68-11-2404, § 68-11-2405, or § 68-11-2406 must not be the sole basis for a
400400 report of immoral, unethical, unprofessional, or dishonorable conduct.
401401 (g) This part does not allow a lower standard of care for patients in the
402402 community where the patient is treated or a similar community.
403403 68-11-2418. Liability.
404404 (a) A person who, without authorization of the patient, willfully alters or forges a
405405 request for medication, or conceals or destroys a rescission of that request with the
406406 intent or effect of causing the patient's death, commits a Class A felony.
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411411 (b) A person who coerces or exerts undue influence on a patient to request
412412 medication for the purpose of ending the patient's life, or to destroy a rescission of a
413413 request, commits a Class A felony.
414414 (c) This part does not limit further liability for civil damages resulting from other
415415 negligent conduct or intentional misconduct by any person.
416416 (d) The penalties in this part do not preclude criminal penalties applicable under
417417 other law for conduct which is inconsistent with this part.
418418 68-11-2419. Claims by a governmental entity for costs incurred.
419419 A governmental entity that incurs costs resulting from a person terminating the
420420 person's life pursuant to this part in a public place has a claim against the estate of the
421421 person to recover costs and reasonable attorney fees related to enforcing the claim.
422422 68-11-2420. Form of the request.
423423 A request for medication as authorized by this part must be substantially in the
424424 following form:
425425 REQUEST FOR MEDICATION
426426 TO END MY LIFE IN A HUMANE
427427 AND DIGNIFIED MANNER
428428
429429 I, ________________, am an adult of sound mind.
430430
431431 I am suffering from _______, which my attending physician has determined is a terminal
432432 disease and which has been medically confirmed by a consulting physician.
433433
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438438 I have been fully informed of my diagnosis, prognosis, the nature of medication to be prescribed
439439 and potential associated risks, the expected result, and the feasible alternatives, including
440440 comfort care, hospice care, and pain control.
441441
442442 I request that my attending physician prescribe medication that will end my life in a humane and
443443 dignified manner.
444444
445445 INITIAL ONE:
446446 _____ I have informed my family of my decision and taken their opinions into consideration.
447447 _____ I have decided not to inform my family of my decision.
448448 _____ I have no family to inform of my decision.
449449
450450 I understand that I have the right to rescind this request at any time.
451451
452452 I understand the full import of this request, and I expect to die when I take the medication to be
453453 prescribed. I further understand that although most deaths occur within three (3) hours, my
454454 death may take longer and my physician has counseled me about this possibility.
455455
456456 I make this request voluntarily and without reservation, and I accept full moral responsibility for
457457 my actions.
458458
459459 Signed: ___________
460460 Dated: ___________
461461
462462 DECLARATION OF WITNESSES
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467467
468468 We declare that the person signing this request:
469469 (a) Is personally known to us or has provided proof of identity;
470470 (b) Signed this request in our presence;
471471 (c) Appears to be of sound mind and not under duress, fraud, or undue influence; and
472472 (d) Is not a patient for whom either of us is the attending physician.
473473
474474 __________ Witness 1/Date
475475 __________ Witness 2/Date
476476
477477 NOTE: One (1) witness must not be a relative (by blood, marriage, or adoption) of the person
478478 signing this request, is not entitled to any portion of the person's estate upon death, and must
479479 not own, operate, or be employed at a healthcare facility where the person is a patient or
480480 resident. If the patient is a patient in a long-term care facility at the time the written request is
481481 made, then one (1) of the witnesses must be an individual designated by the facility.
482482 68-11-2421. Penalties.
483483 (a) It is a Class A felony for a person without authorization of the principal to
484484 willfully alter, forge, conceal, or destroy an instrument, the reinstatement or revocation of
485485 an instrument, or any other evidence or document reflecting the principal's desires and
486486 interests, with the intent and effect of causing a withholding or withdrawal of life-
487487 sustaining procedures or of artificially administered nutrition and hydration which hastens
488488 the death of the principal.
489489 (b) Except as provided in subsection (a), it is a Class A misdemeanor for a
490490 person without authorization of the principal to willfully alter, forge, conceal, or destroy
491491 an instrument, the reinstatement or revocation of an instrument, or any other evidence or
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496496 document reflecting the principal's desires and interests with the intent or effect of
497497 affecting a healthcare decision.
498498 SECTION 2. Tennessee Code Annotated, Section 39-13-216(b), is amended by adding
499499 the following language as a new subdivision:
500500 (4) Provide medication to a qualified patient for the purpose of ending the
501501 patient's life in a humane and dignified manner pursuant to title 68, chapter 11, part 24.
502502 SECTION 3. If any provision of this act or its application to any person or circumstance
503503 is held invalid, then the invalidity shall not affect other provisions or applications of the act that
504504 can be given effect without the invalid provision or application, and to that end, the provisions of
505505 this act are severable.
506506 SECTION 4. The headings in this act are for reference purposes only and do not
507507 constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
508508 requested to include the headings in any compilation or publication containing this act.
509509 SECTION 5. For purposes of rulemaking, this act takes effect upon becoming a law, the
510510 public welfare requiring it. For all other purposes, this act takes effect July 1, 2025, the public
511511 welfare requiring it.