(a) The attorney general and reporter shall establish a process by which violations of this chapter may be reported.

Terms Used In Tennessee Code 68-33-106

  • Healthcare provider: means a healthcare professional, establishment, or facility licensed, registered, certified, or permitted pursuant to this title or title 63 and under the regulatory authority of:
    (A) The department of health. See Tennessee Code 68-33-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medical procedure: means :
    (A) Surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being. See Tennessee Code 68-33-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The attorney general and reporter may bring an action against a healthcare provider or any person that knowingly violates this chapter, within twenty (20) years of the violation, to enjoin further violations, to disgorge any profits received due to the medical procedure, and to recover a civil penalty of twenty-five thousand dollars ($25,000) per violation. Each time a healthcare provider performs or administers a medical procedure in violation of § 68-33-103 constitutes a separate violation.
(c) A civil penalty collected pursuant to this section must be paid into the general fund of this state.
(d) The attorney general and reporter is entitled to reasonable attorney’s fees, court costs, and expenses if the attorney general and reporter prevails in an action brought pursuant to this section.
(e) Jurisdiction for an action brought pursuant to this section is in the chancery or circuit court of Williamson County or circuit court in the county where the violation occurred.
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