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.
  • articles of organization: means in the case of an LLC organized under Chapters 201 248 of this title, articles of organization, articles of amendment, articles of correction, certificates of merger, and all similar documents required to be filed with any of the foregoing as part of the formation and continuation of an LLC. See Tennessee Code 48-202-101
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Bylaws: means the code or codes of rules (other than the charter) adopted pursuant to Chapters 51 68 of this title for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See Tennessee Code 48-51-201
  • 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. Confirmation of good standing: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that at the time such confirmation is issued an LLC or a foreign LLC is current on all taxes and penalties to the satisfaction of the commissioner. See Tennessee Code 48-202-101
    5. Contract: A legal written agreement that becomes binding when signed.
    6. Conviction: A judgement of guilt against a criminal defendant.
    7. 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.
    8. Counterclaim: A claim that a defendant makes against a plaintiff.
    9. Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
    10. Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
    11. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    12. 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
    13. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
    14. Delegates: means those persons elected or appointed to vote in a representative assembly for the election of a director or directors or on other matters. See Tennessee Code 48-51-201
    15. Dependent: A person dependent for support upon another.
    16. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    17. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
    18. Dissolution: means that the LLC has incurred an event under §. See Tennessee Code 48-202-101
    19. 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
    20. 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. Employee: includes an officer but not a director. See Tennessee Code 48-11-201
      3. 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

      4. Employer: means any person or entity that employs any therapist for the purpose of providing therapy. See Tennessee Code 29-26-203
      5. Entity: includes the following, whether foreign or domestic: LLCs. See Tennessee Code 48-202-101
      6. 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.
      7. Expenses: include counsel fees. See Tennessee Code 48-243-101
      8. Financial rights: means a member's rights to:

        1. Share in profits and losses as provided in §. See Tennessee Code 48-202-101
        2. Governance rights: means a right to vote on one (1) or more matters and all a member's rights as a member in the LLC other than financial rights and the right to assign financial rights. See Tennessee Code 48-202-101
        3. Governor: means a natural person or entity serving on the board of governors of a board-managed LLC. See Tennessee Code 48-202-101
        4. 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.
        5. 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
        6. 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. 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
          4. Individual: includes the estate of an incompetent or deceased individual. See Tennessee Code 48-11-201
          5. Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
          6. 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. 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.
            3. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
            4. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
            5. Liability: means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reasonable expenses incurred with respect to a proceeding. See Tennessee Code 48-243-101
            6. 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
            7. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
            8. LLC: includes any domestic or foreign predecessor of an LLC in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Tennessee Code 48-243-101
            9. LLC: means a limited liability company, organized under Chapters 201 248 of this title. See Tennessee Code 48-202-101
            10. 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
            11. 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: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
              5. Member-managed: means an LLC organized pursuant to this title that has elected pursuant to §. See Tennessee Code 48-202-101
              6. 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
              7. 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
              8. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
              9. 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.
              10. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
              11. Official capacity: means :
                1. With respect to a governor in a board-managed LLC, the position of governor. See Tennessee Code 48-243-101
                2. Operating agreement: means a written agreement described in §. See Tennessee Code 48-202-101
                3. 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
                4. Ownership interests: means membership interests in the case of an LLC, shares in the case of a corporation, partnership interests in the case of general or limited partnerships and the equivalent with respect to other entities. See Tennessee Code 48-202-101
                5. 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.
                6. Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Tennessee Code 48-243-101
                7. 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
                8. Patient: means a person who has obtained therapy from a therapist. See Tennessee Code 29-26-203
                9. Person: includes individual and entity. See Tennessee Code 48-202-101
                10. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
                11. Plaintiff: The person who files the complaint in a civil lawsuit.
                12. 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.
                13. 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.
                14. 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
                15. 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
                16. Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
                17. Proceeding: means any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, and whether formal or informal. See Tennessee Code 48-243-101
                18. Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Tennessee Code 48-202-101
                19. Property: includes both personal and real property. See Tennessee Code 1-3-105
                20. Quorum: The number of legislators that must be present to do business.
                21. 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
                22. Registered office: means the place in this state designated in the articles as the registered office of the LLC. See Tennessee Code 48-202-101
                23. Representative: means a governor, manager, employee or other agent of a foreign LLC. See Tennessee Code 48-202-101
                24. Responsible person: includes , unless the context requires otherwise, the estate or personal representative of a responsible person. See Tennessee Code 48-243-101
                25. resulting entity: means the entity resulting from a merger. See Tennessee Code 48-202-101
                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 allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
                28. Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
                29. Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
                30. Secretary of state: means the person who holds the office of secretary of state of Tennessee. See Tennessee Code 48-202-101
                31. Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
                32. Service of process: The service of writs or summonses to the appropriate party.
                33. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
                34. 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
                35. 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. Share: means the unit into which the proprietary interests in a corporation are divided. See Tennessee Code 48-11-201
                  3. 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
                  4. Special legal counsel: means counsel who has not represented the LLC or a related LLC, or a governor, manager, member of a committee of the board of governors, member of a committee of the members, agent or employee, whose indemnification is in issue. See Tennessee Code 48-243-101
                  5. State: means the state of Tennessee. See Tennessee Code 8-34-101
                  6. 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
                  7. Statute: A law passed by a legislature.
                  8. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
                  9. Subsidiary: means a corporation more than fifty percent (50%) of whose outstanding voting shares are owned by its parent and/or the parent's other wholly-owned subsidiaries. See Tennessee Code 48-11-201
                  10. Tax clearance for termination or withdrawal: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that an LLC or a foreign LLC has filed all applicable reports, including, but not limited to, a final report, and has paid all fees, penalties and taxes as required by the revenue laws of this state. See Tennessee Code 48-202-101
                  11. Termination: means the end of an LLC's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under §. See Tennessee Code 48-202-101
                  12. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                  13. Therapist: means any person who performs therapy regardless of whether the person is licensed by the state. See Tennessee Code 29-26-203
                  14. Therapy: includes , but is not limited to, marital counseling, substance abuse treatment, and family counseling. See Tennessee Code 29-26-203
                  15. 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.
                  16. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                  17. Trustee: A person or institution holding and administering property in trust.
                  18. United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Tennessee Code 48-11-201
                  19. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                  20. written: means any information in the form of a document. See Tennessee Code 48-11-201
                  21. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
                  22. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105