Terms Used In Tennessee Code > Title 37 > Chapter 2 - Placement of Juveniles

• ABGC: means the American Board of Genetic Counseling. See Tennessee Code 63-6-802
• ABMG: means the American Board of Medical Genetics. See Tennessee Code 63-6-802
• ACAOM: means the Accreditation Commission for Acupuncture and Oriental Medicine. See Tennessee Code 63-6-1001
• Acupuncture: means a form of health care developed from traditional and modern oriental medical concepts that employs oriental medical diagnosis and treatment and adjunctive therapies and diagnostic techniques for the promotion, maintenance and restoration of health and the prevention of disease. See Tennessee Code 63-6-1001
• ADS: means an acupuncture detoxification specialist trained in, and who performs only, the five-point auricular detoxification treatment. See Tennessee Code 63-6-1001
• Advanced illness: means a progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of current federal drug administration approved and available treatments, and that, without life-sustaining procedures, will soon result in death. See Tennessee Code 63-6-302
• Adverse event: means any untoward medical occurrence associated with the use of an investigational drug, biological product, or device in humans, regardless if drug-related. See Tennessee Code 63-6-302
• Agency: means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services. See Tennessee Code 37-2-402
• Appraisal: A determination of property value.
• Apprenticeship: means a program that:
  (A) Meets the federal guidelines set out in 29 C. See Tennessee Code 62-76-201
• Arrest: Taking physical custody of a person by lawful authority.
• Associated physician: means an individual licensed, and in good standing, to practice medicine in this state pursuant to chapter 6 or 9 of this title and who has entered into an associated physician agreement pursuant to §. See Tennessee Code 63-6-1102
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authority: means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor. See Tennessee Code 68-221-502
• Board: means the board of medical examiners, created by §. See Tennessee Code 63-6-802
• Board: means the Tennessee board of medical examiners. See Tennessee Code 63-6-1001
• Board: means an advisory review board appointed by a juvenile court judge, juvenile court judges, or the department of children's services as provided in this part. See Tennessee Code 37-2-402
• Board: means the board of podiatric medical examiners. See Tennessee Code 63-3-102
• Board: means the board that licenses and regulates podiatrists in Tennessee in part 1 of this chapter. See Tennessee Code 63-3-201
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• chiropractic physician: means a person who is a graduate of a chiropractic college accredited by the Council on Chiropractic Education or its successor, or is a graduate of an international chiropractic college approved by the board of chiropractic examiners, and who has received a license issued by the board of chiropractic examiners. See Tennessee Code 63-4-101
• Collateral pool: means an arrangement whereby the repayment of public deposits deposited with any qualified public depository is secured through the sum total of eligible collateral pledged by all qualified public depositories, and contingent liability agreements as provided by the collateral pool board. See Tennessee Code 9-4-502
• Commissioner: means the commissioner of health. See Tennessee Code 63-1-401
• Commissioner: means the commissioner of health. See Tennessee Code 63-3-201
• Complication: means an adverse physical or psychological condition arising from the performance of an abortion, including, but not limited to, uterine perforation. See Tennessee Code 63-6-1102
• Construction: means the erection, building, acquisition, alteration, reconstruction, improvement or extension of waterworks, preliminary planning to determine the economic and engineering feasibility of waterworks, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action necessary in the construction of waterworks, and the inspection and supervision of the construction of waterworks. See Tennessee Code 68-221-502
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means the juvenile court having jurisdiction over the person of the child, or, if no juvenile court has jurisdiction over the child, then the juvenile court in the county in which the child resides. See Tennessee Code 37-2-402
• Cytopathology services: means the examination of cells from fluids, aspirates, washings, brushings or smears, including the Pap test examination performed by a physician or under the supervision of a physician. See Tennessee Code 63-6-1201
• Date of foster care placement: means the original date on which the child is physically placed in foster care. See Tennessee Code 37-2-402
• De-identified: means there is no reasonable basis to believe that the information can be used to identify an individual and there is compliance with the requirements for de-identification outlined in 45 C. See Tennessee Code 63-2-101
• Department: means the department of health. See Tennessee Code 63-6-802
• Department: means the department of health. See Tennessee Code 63-6-1102
• Department: means the department of children's services. See Tennessee Code 37-2-502
• Department: means the department of commerce and insurance. See Tennessee Code 62-43-102
• Department: means the department of health. See Tennessee Code 63-3-201
• Department: means the department of environment and conservation. See Tennessee Code 68-221-502
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Diagnosis: means :
  (i) The differential diagnosis of human ailments through examination and evaluation of patients and through diagnostic procedures necessary to clinically correlate a physical examination to a diagnostic impression. See Tennessee Code 63-4-101
• Direct medical care agreement: means a written contractual agreement between a direct medical care provider and an individual patient, or the patient's legal representative, in which:
  (A) The direct medical care provider agrees to provide medical care services to the individual patient for an agreed fee over an agreed period of time. See Tennessee Code 63-1-502
• direct supervision: means the continuous presence of a supervising dentist within the physical confines of the dental office when licensed and registered dental hygienists or registered dental assistants perform lawfully assigned duties and functions. See Tennessee Code 63-5-115
• Director: means the director of the division of health related boards. See Tennessee Code 63-3-201
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the division of health related boards within the department. See Tennessee Code 63-6-802
• Division: means the division of health related boards of the department of health. See Tennessee Code 63-3-102
• Division: means the division of health related boards. See Tennessee Code 63-3-201
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Eligible patient: means an individual who meets all of the following conditions:
  (A) Has an advanced illness, attested to by the patient's treating physician and confirmed by a second physician. See Tennessee Code 63-6-302
• Eligible project: means a project for the construction of waterworks for which approval is required under this part, which conforms with the applicable rules and regulations of the department, and which in the judgment of the department is economically feasible. See Tennessee Code 68-221-502
• Facility: means a public or private hospital, clinic, center, medical school, medical training institution, healthcare business, physician's office, infirmary, dispensary, ambulatory surgical center, or other institution, location, or business where medical care or pharmaceuticals are provided to individuals. See Tennessee Code 63-6-1102
• Facility: means the business location where orthotic, prosthetic or pedorthic care is provided. See Tennessee Code 63-3-201
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Free clinic: means a not for profit, out-patient, nonhospital facility in which a health care provider engages in the voluntary provision of health care services to patients without charge to the recipient of the services or to a third party. See Tennessee Code 63-6-703
• Free health clinic: means a health care facility operated by a nonprofit private entity that does not receive payment for its services and does not impose any charges on the individuals to whom services are rendered. See Tennessee Code 63-1-201
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Genetic counselor: means a person licensed under this part to engage in the practice of genetic counseling. See Tennessee Code 63-6-802
• health care entity: means and includes a health care facility and an agency, company or health care professional, other than the referring physician, providing health care services. See Tennessee Code 63-6-601
• Health care facility: means and includes any real property or equipment of a health care institution as that term is defined in §. See Tennessee Code 63-6-601
• Health care provider: means any physician, surgeon, dentist, nurse, optometrist or other practitioner of a health care discipline, the professional practice of which requires licensure or certification under this title or under a comparable provision of law of another state, territory, district or possession of the United States. See Tennessee Code 63-6-703
• Health care provider: means any person required to be licensed under this title. See Tennessee Code 63-2-101
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Incapacitated: means that a patient is in a physical or mental condition such that the patient is incapable of granting or denying informed consent. See Tennessee Code 63-2-101
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Judge: means a juvenile judge or the judge having jurisdiction over the person of the child. See Tennessee Code 37-2-402
• Jurisprudence: The study of law and the structure of the legal system.
• Last menstrual period: means the time that has elapsed since the first day of the patient's last menstrual period. See Tennessee Code 63-6-1102
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Licensed health care provider: means any health care provider holding a current license or certificate issued under:
  (A) This title. See Tennessee Code 63-6-703
• Licensed orthotist: means a person who is licensed under this part to practice orthotics and who represents the person to the public by title or description of services that includes the term "orthotic" "orthotist" "brace" or a similar title or description of services. See Tennessee Code 63-3-201
• Licensing authority: means any state agency with the authority to impose training, education, or licensure fees to practice in a profession. See Tennessee Code 62-76-201
• Loss: includes , but is not limited to:
  (A) The principal amount of the public deposit. See Tennessee Code 9-4-502
• Medical care service: includes the screening, assessment, diagnosis, and treatment for the purpose of promotion of health or the detection and management of disease or injury within the competency and training of the direct medical care provider. See Tennessee Code 63-1-502
• Medical practitioner: means a:
  (A) Physician licensed under chapter 6 or 9 of this title. See Tennessee Code 63-1-201
• Medical products: include medical drugs and pharmaceuticals. See Tennessee Code 63-1-502
• medical records: includes any list of patients that is compiled or maintained by or for such patient's health care provider. See Tennessee Code 63-2-101
• Municipality: means any county, metropolitan government, incorporated town or city, or special district of this state empowered to provide water services, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project. See Tennessee Code 68-221-502
• NADA: means the National Acupuncture Detoxification Association. See Tennessee Code 63-6-1001
• NCCAOM: means the National Certification Commission for Acupuncture and Oriental Medicine. See Tennessee Code 63-6-1001
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Off-the-shelf device: means a prefabricated prosthesis or orthosis sized or modified for use by the patient in accordance with a prescription from a health care practitioner authorized by law to write such prescriptions that does not require substantial clinical judgment and substantive alteration for appropriate use. See Tennessee Code 63-3-201
• Onsite medical clinic: means a medical clinic located on the premises of the patient's employer for which cytopathology services are provided and for which a patient has no financial obligation to pay for the cytopathology services. See Tennessee Code 63-6-1201
• Orthosis: means a custom designed, fabricated, fitted or modified device to correct, support or compensate for a neuro-musculoskeletal disorder or acquired condition. See Tennessee Code 63-3-201
• Orthotics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting or servicing an orthosis, under an order from a licensed health care practitioner authorized by law to issue such an order, for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury or deformity. See Tennessee Code 63-3-201
• Orthotist: means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom-designed, fabricated, modified and fitted external orthosis to an orthotic patient, based on a clinical assessment and a prescription from a health care practitioner authorized by law to write such prescriptions, to restore physiological function or cosmesis. See Tennessee Code 63-3-201
• Oversight: Committee review of the activities of a Federal agency or program.
• Pain clinic guidelines: means systematically developed standards to assist healthcare providers and pain clinic certificate holders in making decisions concerning the appropriate medical care for chronic nonmalignant pain treatment, as defined in §. See Tennessee Code 63-1-401
• Parent: means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights. See Tennessee Code 37-2-402
• Pedorthic device: means therapeutic footwear, foot orthoses for use at the ankle or below and modified footwear made for therapeutic purposes, as prescribed by a licensed health care practitioner authorized by law to issue such prescription. See Tennessee Code 63-3-201
• Pedorthics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting or servicing a pedorthic device, under an order from a licensed health care practitioner authorized by law to issue such order for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury or deformity. See Tennessee Code 63-3-201
• Pedorthist: means a person who measures, designs, fabricates, fits or services pedorthic devices and assists in the formulation of the order of pedorthic devices, as ordered by a licensed health care practitioner authorized by law to issue such order for the support or correction of disabilities caused by neuro-musculoskeletal diseases, injuries or deformities. See Tennessee Code 63-3-201
• permanency plan: means a written plan for a child placed in foster care with the department of children's services or in the care of an agency as defined in subdivision (3) and as provided in §. See Tennessee Code 37-2-402
• Person: means a natural person. See Tennessee Code 63-3-201
• Physician: means an individual licensed, and in good standing, to practice medicine in this state pursuant to chapter 6 or 9 of this title. See Tennessee Code 63-6-1102
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Practice of acupuncture: means the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based on oriental medical diagnosis as a primary mode of therapy. See Tennessee Code 63-6-1001
• Practice of chiropractic: means the diagnosis and treatment of patients, as defined in subdivisions (a)(1)(B) and (a)(1)(D). See Tennessee Code 63-4-101
• Practice of genetic counseling: means the process of helping people understand and adapt to the medical, psychological and familial implications of genetic contributions to disease performed pursuant to a referral. See Tennessee Code 63-6-802
• pregnancy: means the female reproductive condition of having an unborn child in the patient's uterus. See Tennessee Code 63-6-1102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Prosthesis: means a custom designed, fabricated, fitted or modified device to replace an absent external limb, for the purpose of restoring physiological function or cosmesis. See Tennessee Code 63-3-201
• Prosthetics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting or servicing a prosthesis, under an order from a licensed health care practitioner authorized by law to issue such order. See Tennessee Code 63-3-201
• Prosthetist: means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, modified and fitted external limb prosthesis to a prosthetic patient, based on a clinical assessment and a prescription from a health care practitioner authorized to write such prescriptions, to restore physiological function or cosmesis. See Tennessee Code 63-3-201
• Provide: means an act of giving, selling, dispensing, administering, transferring possession to, or otherwise providing or prescribing, an abortion-inducing drug. See Tennessee Code 63-6-1102
• Public depositor: means the state of Tennessee, or any of its agencies, or any Tennessee county, Tennessee incorporated municipality and their political subdivisions, or any utility district organized under the laws of the state or any interstate compact to which the state is a party. See Tennessee Code 9-4-502
• Public depository: means :
  (i) Any savings and loan association, or savings bank (collectively referred to as savings institutions), or any bank chartered by the state of Tennessee. See Tennessee Code 9-4-502
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified physician: means a physician who has the ability to:
  (A) Identify and document a viable intrauterine pregnancy. See Tennessee Code 63-6-1102
• Referral: means a written or telecommunicated authorization for genetic counseling services from a physician licensed to practice medicine in all its branches or an advanced practice registered nurse or physician assistant who has an agreement and signed protocols with a supervising physician that authorizes referrals to a genetic counselor. See Tennessee Code 63-6-802
• Regularly practice: means to practice for more than sixty (60) days within any ninety-day period. See Tennessee Code 63-6-703
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Report: means a written report by an advisory review board as provided in §. See Tennessee Code 37-2-402
• Resident: means a person who has completed an education program in either orthotics or prosthetics and is continuing such person's clinical education in a residency program approved by the board. See Tennessee Code 63-3-201
• Runaway: means any person under eighteen (18) years of age who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. See Tennessee Code 37-2-502
• Runaway house: means any house or institution giving sanctuary or housing to any person under eighteen (18) years of age, who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. See Tennessee Code 37-2-502
• Sanctuary: means a house, institution or other organization providing housing or accommodations to runaways as set forth in this part. See Tennessee Code 37-2-502
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• Special volunteer license: means a license awarded to a medical practitioner whose sole practice is rendering professional services without remuneration in a free health clinic at a specified site or setting. See Tennessee Code 63-1-201
• Sponsoring organization: means any organization that organizes or arranges for the voluntary provision of health care services and that registers with the department of health as a sponsoring organization in accordance with §. See Tennessee Code 63-6-703
• sports official: means any person who serves as referee, umpire, linesperson or in any similar capacity in supervising or administering a sports event and who is registered as a member of a local, state, regional or national organization that provides training and educational opportunities for sports officials. See Tennessee Code 62-50-201
• State agency: means a state board, agency, or commission attached to the division of regulatory boards, as listed in §. See Tennessee Code 62-76-201
• Subpoena duces tecum: A command to a witness to produce documents.
• Supervision: means the ongoing, direct clinical review for the purposes of training or teaching by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance and instructions with respect to the clinical skills and competencies of the person supervised. See Tennessee Code 63-6-802
• Testify: Answer questions in court.
• token support: means that the support, under the circumstances of the individual case, is insignificant given the parent's means. See Tennessee Code 37-2-402
• token visitation: means that the visitation, under the circumstances of the individual case, constitutes nothing more than perfunctory visitation or visitation of such an infrequent nature or of such short duration as to merely establish minimal or insubstantial contact with the child. See Tennessee Code 37-2-402
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Treatment: means :
  (i) The treatment of neuromuscular, musculoskeletal, and related conditions through the use of chiropractic adjustment and manipulation. See Tennessee Code 63-4-101
• Treatment guidelines: means systematically developed statements to assist healthcare providers in making patient decisions concerning appropriate medical care for specific clinical circumstances and settings. See Tennessee Code 63-1-401
• Unborn child: means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in 1 U. See Tennessee Code 63-6-1102
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
• Voluntary provision of health care services: means the providing of professional health care services by the health care provider either without charge to the recipient of the services or to a third party, or recipients are charged on a sliding scale according to income. See Tennessee Code 63-6-703
• Waterworks: includes all or any part of the following: source of supply, pumping facilities, purification works, collection and storage facilities and distribution system for water, together with all necessary parts and appurtenances for proper operation. See Tennessee Code 68-221-502