Part 1 General Provisions 29-26-101 – 29-26-122
Part 2 Therapist Sexual Misconduct Victims Compensation 29-26-201 – 29-26-210

Terms Used In Tennessee Code > Title 29 > Chapter 26 - Health Care Liability

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • board of governors: means the board of governors of an LLC electing to be board-managed or, in the case of a foreign limited liability company, its equivalent. See Tennessee Code 48-202-101
  • Board-managed: means an LLC organized pursuant to this title that elected pursuant to §. See Tennessee Code 48-202-101
  • Business: includes every trade, occupation, profession, investment activity and other lawful purpose for gain or the preservation of assets whether or not carried on for profits. See Tennessee Code 48-202-101
  • Claimant: means any of the following:
    1. The victim. See Tennessee Code 29-26-203
    2. Class: when used with reference to membership interests, means a category of membership interests that differs in one (1) or more rights or preferences from another category of membership interests of the LLC. See Tennessee Code 48-202-101
    3. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    4. Contract: A legal written agreement that becomes binding when signed.
    5. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    6. Counterclaim: A claim that a defendant makes against a plaintiff.
    7. Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
    8. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    9. Deception: means the representation that sexual actions are part of or consistent with the patient's treatment by the therapist. See Tennessee Code 29-26-203
    10. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
    11. Dependent: A person dependent for support upon another.
    12. Directors: means natural persons, designated in the charter or bylaws or elected or appointed by the incorporators, and their successors and natural persons elected or appointed to act as members of the board, irrespective of the names or titles by which such persons are described. See Tennessee Code 48-51-201
    13. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    14. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
    15. Distribution: means a direct or indirect transfer of money or other property (except its own membership interests) with or without consideration, or an incurrence or issuance of indebtedness, (whether directly or indirectly, including through a guaranty) by an LLC to or for the benefit of any of its members in respect of membership interests. See Tennessee Code 48-202-101
    16. Document: means :
      1. Any tangible medium on which information is inscribed, and includes any writing or written instrument. See Tennessee Code 48-11-201
      2. Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 48-11-201
      3. Employee: includes an officer but not a director. See Tennessee Code 48-11-201
      4. Employer: means any person or entity that employs any therapist for the purpose of providing therapy. See Tennessee Code 29-26-203
      5. Employer: means :

        The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101

      6. Entity: includes the following, whether foreign or domestic: LLCs. See Tennessee Code 48-202-101
      7. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
      8. Fiduciary: A trustee, executor, or administrator.
      9. Governor: means a natural person or entity serving on the board of governors of a board-managed LLC. See Tennessee Code 48-202-101
      10. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
      11. Health care liability action: means any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services to a person, regardless of the theory of liability on which the action is based. See Tennessee Code 29-26-101
      12. Health care provider: means :
        1. A health care practitioner licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee. See Tennessee Code 29-26-101
        2. 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.
        3. Interest: means either or both of the following rights under the organic law of an unincorporated entity:
          1. The right to receive distributions from the entity either in the ordinary course or upon liquidation. See Tennessee Code 48-11-201
          2. Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
          3. 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.
          4. Licensee: means a health care provider licensed, authorized, certified, registered, or regulated under title 33, 63, or 68 that is legally responsible for all health care services provided. See Tennessee Code 29-26-101
          5. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
          6. LLC: means a limited liability company, organized under chapters 201-248 of this title. See Tennessee Code 48-202-101
          7. Majority vote: means with respect to a vote of the members, if voting on a per capita basis, a majority in number of the members entitled to vote on a specific matter, or if the voting is determined otherwise, a majority of the voting interest (which may be expressed as a percentage) entitled to vote on a specific matter, and with respect to a vote of the governors, a majority in number of the governors entitled to vote on a specific matter. See Tennessee Code 48-202-101
          8. Management company: means an individual or entity that contracts with, or receives a fee from, a licensee to provide any of the following services to or for a licensee:
            1. Directly hiring or firing the administrator or other managing employees of the licensee. See Tennessee Code 29-26-101
            2. Manager: means a person elected, appointed, or otherwise designated as a manager by the governing body, and any other person considered elected as a manager pursuant to §. See Tennessee Code 48-202-101
            3. Member: means a person reflected in the required records of an LLC as the owner of some governance rights of a membership interest of the LLC. See Tennessee Code 48-202-101
            4. Member-managed: means an LLC organized pursuant to this title that has elected pursuant to §. See Tennessee Code 48-202-101
            5. Membership: means the rights and obligations a member has pursuant to a corporation's charter, bylaws and chapters 51-68 of this title. See Tennessee Code 48-51-201
            6. Membership interest: means a member's interest in an LLC consisting of a member's financial rights, a member's right to assign financial rights as provided in §. See Tennessee Code 48-202-101
            7. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
            8. Month: means the time from any day of any month to the corresponding day of the succeeding month, if any, and if none, the last day of the succeeding month. See Tennessee Code 48-11-201
            9. Operating agreement: means a written agreement described in §. See Tennessee Code 48-202-101
            10. Owners: means members in the case of an LLC, shareholders in the case of a corporation, partners in the case of general or limited partnerships and the equivalent with respect to other entities. See Tennessee Code 48-202-101
            11. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
            12. Passive investor: means an individual or entity that has an ownership interest in a licensee but does not directly participate in the day-to-day decision making or operations of the licensee. See Tennessee Code 29-26-101
            13. Patient: means a person who has obtained therapy from a therapist. See Tennessee Code 29-26-203
            14. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
            15. Person: includes individual and entity. See Tennessee Code 48-202-101
            16. Plaintiff: The person who files the complaint in a civil lawsuit.
            17. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
            18. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
            19. Principal executive office: means an office, in or out of this state, where the principal office of the chief manager of the LLC or foreign LLC is located. See Tennessee Code 48-202-101
            20. Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
            21. Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
            22. Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Tennessee Code 48-202-101
            23. Property: includes both personal and real property. See Tennessee Code 1-3-105
            24. Quorum: The number of legislators that must be present to do business.
            25. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
            26. Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
            27. Retirement system: means the Tennessee consolidated retirement system as defined in §§8-34-201,8-34-202. See Tennessee Code 8-34-101
            28. Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
            29. Series: means a category of membership interests, within a class of membership interests, that have some of the same rights and preferences as other membership interests within the same class, but that differ in one (1) or more rights and preferences from another category of membership interests within that class. See Tennessee Code 48-202-101
            30. Service of process: The service of writs or summonses to the appropriate party.
            31. Sexual behavior: means sexual activity of the victim other than the sexual act or acts at issue in the case. See Tennessee Code 29-26-203
            32. Sexual misconduct: means any of the following, regardless of the consent of the patient:
              1. Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification. See Tennessee Code 29-26-203
              2. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
              3. State: means the state of Tennessee. See Tennessee Code 8-34-101
              4. 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
              5. Statute: A law passed by a legislature.
              6. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
              7. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
              8. Therapist: means any person who performs therapy regardless of whether the person is licensed by the state. See Tennessee Code 29-26-203
              9. Therapy: includes , but is not limited to, marital counseling, substance abuse treatment, and family counseling. See Tennessee Code 29-26-203
              10. 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.
              11. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
              12. Trustee: A person or institution holding and administering property in trust.
              13. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
              14. Voting group: means all shares of one (1) or more classes or series that under the charter or chapters 11-27 of this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Tennessee Code 48-11-201
              15. Voting power: means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. See Tennessee Code 48-51-201
              16. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
              17. written: means any information in the form of a document. See Tennessee Code 48-11-201
              18. Written action: means a written document signed by those persons required to take the action described. See Tennessee Code 48-202-101
              19. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105