(a) Anyone who submits an allegation of abuse, neglect, or misappropriation or exploitation of property to the health facilities commission for inclusion in the registry, or who testifies in any administrative or judicial proceeding arising from the allegation, shall be immune from any civil or criminal liability for making the report or for testifying, except for liability for perjury, unless the person acted in bad faith or with malicious purpose.

Terms Used In Tennessee Code 68-11-1005

  • Abuse: means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. See Tennessee Code 68-11-1002
  • Allegation: something that someone says happened.
  • Exploitation: means , in cases that are investigated by the department of human services, the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult. See Tennessee Code 68-11-1002
  • Misappropriation: means any taking, possession or use of the property of a vulnerable person the elements of which constitute any criminal offense involving such property, or that constitute a violation of a fiduciary duty of a caretaker of a vulnerable person. See Tennessee Code 68-11-1002
  • Neglect: means the failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness. See Tennessee Code 68-11-1002
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: means all interests of any type in real property, and any interests of any type in personal property whether in moneys or financial instruments of any type, goods, furnishings, and similar property. See Tennessee Code 68-11-1002
(b) A licensing authority that refuses to license a person listed on the registry established by this part, or that refuses to license an entity that employs or allows such a person to provide care to vulnerable persons, or a person or entity that declines to employ or otherwise utilize such a person, or that terminates such a person, shall be absolutely immune from suit by or on behalf of that person and from any liability for such actions based upon the person’s listing on the registry.
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