Bill Prohibiting Tennessee Hospitals From Restricting In-Person Visitation Signed By Governor
Image Credit: capitol.tn.gov & canva
The Tennessee Conservative [By Paula Gomes] –
A bill prohibiting Tennessee hospitals from restricting in-person visitation of patients was signed by Governor Bill Lee on Tuesday.
House Bill 1883 (HB1883) sponsored by Representative Kip Capley (R-Summertown-District 71) along with companion Senate Bill 1641 (SB1641) sponsored by Senator Mark Pody (R-Lebanon-District 17) guarantees that someone with medical Power of Attorney has the right to visit a hospital patient at least once a day for at least an hour per visit for the entirety of the patient’s stay.
The Tennessee Senate first passed the bill on February 12th, followed by the House on April 8th.
An amendment added to the bill in the House required that it be returned to the Senate for a second vote on April 10th.
The amendment states that visitation rights “must not be terminated, suspended, waived, or otherwise limited upon the declaration of a disaster or emergency by the governor or the governor’s designee, or by another individual or entity acting on behalf of this state of a political subdivision of this state.”
Pody, speaking about the House amendment on April 10th, said that it also specifies the right for a patient to refuse visitation by their Power of Attorney if they so choose.
Critics of the new law say that the requirement that someone have a medical Power of Attorney in order to be guaranteed visitation rights is a major drawback as most adults do not have the legal paperwork already prepared at the time a patient is hospitalized.
According to the Tennessee Department of Health, preparing an Advance Directive is a prudent step for anyone, at any age, to take in order to have their treatment choices honored when finding themselves in a position where they are incapacited and unable to make decisions.
By creating a document called an “Advance Directive for Health Care” any Tennessean can have a plan already in place that tells medical professionals how you want to be treated. Once completed and notarized, this form can tell doctors what interventions you want even if you are unconscious, and also designates a medical Power of Attorney, someone who you trust to make decisions on your behalf.
In 2017, this form combined the content of what used to be called the “Living Will” or “Advance Care Plan” with “Medical Power of Attorney” or “Appointment of Health Care Agent” into one form.
Tennesseans can find the form HERE.
In light of the new law which will go into effect July 1st, and which only guarantees the right of those with a medical Power of Attorney to visit patients, it may be wise for all Tennesseans to have a document already signed and notarized.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
Is this the FREE U.S State of Tennessee or Hitler’s Germany? I understand the shennanigans that ensued during the COVID outbreak triggered this new leglislation. However; I have a wife and 3 sons and I also have some dear friends who might want to bring me items or simply visit with me if I were hospitalized so limiting my choices to a single family member who must have power of attorney is in a word; LUDICROUS!!!
In theory, a work-around solution for the problem Mr. Nichols mentions would be for the patient to change his advance directive, daily if necessary, and name a different health care agent so that the three sons and his friends can visit. Just hope that you have your preferred health care agent back in charge after all the visitors have left. Also, Tennessee does not require notarization as the reporter states. Notarization is allowed in lieu of the two witnesses.