Part 1 General Provisions 37-5-NEW – 37-5-134
Part 2 Youth Development Centers 37-5-NEW v2 – 37-5-214
Part 3 Community Services Agency Act of 1996 37-5-301 – 37-5-319
Part 4 Trafficking in Children 37-5-401 – 37-5-407
Part 5 Child Care Agencies 37-5-501 – 37-5-523
Part 6 Multi-Level Response System for Children and Families 37-5-601 – 37-5-608

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Terms Used In Tennessee Code > Title 37 > Chapter 5 - Department of Children's Services

  • 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
  • ACOTE: means the Accreditation Council for Occupational Therapy Education, a nationally recognized accrediting agency for professional programs in the field of occupational therapy. See Tennessee Code 63-13-103
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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
  • Adjudication of delinquency: means that a juvenile court has found beyond a reasonable doubt that a child has committed a delinquent act, as defined in §. See Tennessee Code 37-5-103
  • Administer: means the direct application of a drug to a patient or research subject by injection, inhalation, ingestion, topical application or by any other means. See Tennessee Code 63-10-204
  • ADS: means an acupuncture detoxification specialist trained in, and who performs only, the five-point auricular detoxification treatment. See Tennessee Code 63-6-1001
  • Adult: means , as defined in §. See Tennessee Code 37-5-103
  • 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
  • Advisory committee: means the professional art therapist advisory committee of the board of examiners in psychology, created by §. See Tennessee Code 63-11-402
  • 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.
  • Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
  • Agency: means the community services agency. See Tennessee Code 37-5-303
  • agency: means the person or entity that provides child care, regardless of whether such person or entity is licensed. See Tennessee Code 37-5-501
  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Allegation: something that someone says happened.
  • Animal: means any animal other than man and includes fowl, birds, reptiles and fish, wild or domestic, living or dead. See Tennessee Code 63-12-103
  • Animal massage therapy: means the manipulation of the soft tissues of the animal body with the intention of positively affecting the health and well-being of the animal. See Tennessee Code 63-12-201
  • AOTA: means the American Occupational Therapy Association. See Tennessee Code 63-13-103
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Art therapy: means the integrated application of psychotherapeutic principles and methods with specialized training in visual art media, the neurobiological implications of art-making and the creative process, and art-based assessment models to assist individuals, families, or groups to improve mental functioning, increase self-awareness and self-esteem, resolve conflicts and distress, and enhance social functioning. See Tennessee Code 63-11-402
  • Art therapy certified supervisor: means a person credentialed by the Art Therapy Credentials Board, Inc. See Tennessee Code 63-11-402
  • Associate art therapist: means a person holding a master's or doctoral degree in art therapy while engaged in the practice of professional art therapy under supervision as part of clinical training to fulfill the supervised experience requirement for becoming a licensed professional art therapist. See Tennessee Code 63-11-402
  • 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.
  • BACB: means the nationally accredited behavior analyst certification board or its successor. See Tennessee Code 63-11-302
  • Board: means the board of medical examiners, created by §. See Tennessee Code 63-6-802
  • Board: means the board of veterinary medical examiners. See Tennessee Code 63-12-103
  • Board: means the Tennessee board of medical examiners. See Tennessee Code 63-6-1001
  • Board: means the board of pharmacy. See Tennessee Code 63-10-501
  • Board: means :
    (A) As used in part 2 of this chapter, the board of occupational therapy. See Tennessee Code 63-13-103
  • Board: means the board of examiners in psychology, created by §. See Tennessee Code 63-11-302
  • Board: means the board of examiners in psychology, created by §. See Tennessee Code 63-11-402
  • Board: means the board of optometry created by this chapter or similar boards created by the optometry law of other states. See Tennessee Code 63-8-102
  • Board: means the community services agency board. See Tennessee Code 37-5-303
  • Board: means the board of examiners for nursing home administrators. See Tennessee Code 63-16-101
  • Board: means the Tennessee board of pharmacy. See Tennessee Code 63-10-204
  • Certificate of fitness: means the certificate issued by the board certifying to the division that the person therein named has met the requirements of this chapter and passed the standard examination given by the board. See Tennessee Code 63-8-102
  • Certificate of registration: means the certificate issued by the division of health related boards under chapter 1 of this title. See Tennessee Code 63-8-102
  • Certification: means a voluntary process by which a practitioner's training, experience and knowledge are identified as meeting or surpassing a standard, defined or approved by the board beyond that required for licensure or registration. See Tennessee Code 63-10-204
  • Certified animal control agency: means a county or municipal animal shelter, dog pound or animal control agency, private humane society, state, county or municipal law enforcement agency, or any combination thereof, that temporarily houses stray, unwanted or injured animals and that is certified pursuant to this chapter. See Tennessee Code 63-12-103
  • Certified animal euthanasia technician: means a person employed by a certified animal control agency who is authorized by the board to humanely euthanize animals by administering such drugs as are designated by the board for such use. See Tennessee Code 63-12-103
  • Certified art therapist: means a person holding national board certification (ATR-BC) from the Art Therapy Credentials Board, Inc. See Tennessee Code 63-11-402
  • Child: means :
    (i) A person under eighteen (18) years of age. See Tennessee Code 37-5-103
  • Child care: means the provision of supervision, protection and the basic needs of a child for twenty-four (24) hours a day including the provision of such temporary services to a child awaiting placement in permanent care. See Tennessee Code 37-5-501
  • child care agency: includes "child abuse agency" "child caring institution" "child placing agency" "detention center" "family boarding home or foster home" "group care home" "maternity home" or "temporary holding resource" as defined in subsection (b). See Tennessee Code 37-5-501
  • Child sexual abuse: means , as defined in §. See Tennessee Code 37-5-103
  • children: means a person or persons under eighteen (18) years of age. See Tennessee Code 37-5-501
  • Co-employed relationship: means the licensed behavior analyst and licensed assistant behavior analyst are employed by the same employer. See Tennessee Code 63-11-302
  • Commissioner: means the commissioner of children's services. See Tennessee Code 37-5-103
  • Commissioner: means the commissioner of finance and administration, or the commissioner's designee, unless otherwise stated in this part. See Tennessee Code 37-5-303
  • Commissioner: means the commissioner of children's services. See Tennessee Code 37-5-501
  • Committee: means the applied behavior analyst licensing committee of the board of examiners in psychology, created by §. See Tennessee Code 63-11-302
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Compounding: means the preparation, mixing, assembling, packaging or labeling of a drug or device:
    (A) As the result of a prescription order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice. See Tennessee Code 63-10-204
  • Consultation: means when a licensed veterinarian receives advice in person, telephonically, electronically, or by any other method of communication, from a veterinarian licensed in this or any other state, or other person whose expertise, in the opinion of the licensed veterinarian, would benefit a patient. See Tennessee Code 63-12-103
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing education: means planned, organized learning experiences and activities beyond the basic educational or preparatory program. See Tennessee Code 63-10-204
  • Continuous quality improvement program: means a system of standards and procedures to identify and evaluate quality-related events and to improve patient care. See Tennessee Code 63-10-204
  • Conviction: A judgement of guilt against a criminal defendant.
  • Credentialed art therapist: means a person holding credentials in good standing with the Art Therapy Credentials Board, Inc. See Tennessee Code 63-11-402
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • delivery: means the actual, constructive or attempted transfer from one person to another whether or not there is an agency relationship. See Tennessee Code 63-10-204
  • 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 health. See Tennessee Code 63-10-501
  • Department: means the department of children's services. See Tennessee Code 37-5-103
  • Department: means the department of finance and administration, unless otherwise stated in this part. See Tennessee Code 37-5-303
  • Department: means the department of children's services. See Tennessee Code 37-5-501
  • Dependent and neglected: means , as defined in §. See Tennessee Code 37-5-103
  • 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.
  • Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, that is required under federal or state law to be ordered or prescribed by a person duly authorized. See Tennessee Code 63-10-204
  • Director: means the director of the health related boards. See Tennessee Code 63-10-204
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispense: means preparing, packaging, compounding or labeling for delivery and actual delivery of a prescription drug, nonprescription drug or device in the course of professional practice to a patient or the patient's agent, to include a licensed health care practitioner or a health care facility providing services or treatment to the patient or patients, by or pursuant to the lawful order of a prescriber. See Tennessee Code 63-10-204
  • distribution: means the sale, purchase, trade, delivery, handling, storage, or receipt of a product or the arrangement of the sale, purchase, trade, delivery, handling, storage, or receipt of a product through third parties. See Tennessee Code 63-10-204
  • Distributor: means a person engaged in the distribution of drugs or devices. See Tennessee Code 63-10-204
  • 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 63-13-103
  • Division: means the division of health related boards in the department of health. See Tennessee Code 63-8-102
  • Division: means the division of health related boards in the department of health. See Tennessee Code 63-16-101
  • Division: means the division of health related boards. See Tennessee Code 63-10-204
  • Docket: A log containing brief entries of court proceedings.
  • Donor: means a person, a pharmacy, or medical facility as well as any drug manufacturer or wholesaler licensed by the board of pharmacy, who donates prescription drugs to a repository program approved pursuant to this part. See Tennessee Code 63-10-501
  • Donor: The person who makes a gift.
  • Drug: means any of the following:
    (A) Articles recognized as drugs or drug products in any official compendium or supplement thereto. See Tennessee Code 63-10-204
  • Dry needling: means a skilled intervention that uses a thin filiform needle to penetrate the skin and stimulate underlying neural, muscular, and connective tissues for the management of neuromusculoskeletal conditions, pain, and movement impairments. See Tennessee Code 63-13-103
  • Eligible individual: means an indigent person or an uninsured person who meets all other criteria established by board rule. See Tennessee Code 63-10-501
  • 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
  • Employee-employer relationship: means the licensed behavior analyst is the employer of the licensed assistant behavior analyst. See Tennessee Code 63-11-302
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Executive director: means the chief administrative officer of a community service agency. See Tennessee Code 37-5-303
  • Executive director: means the executive director of the Tennessee board of pharmacy. See Tennessee Code 63-10-204
  • 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
  • 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.
  • Family: means the members of a household living, on a full-time or a part-time basis, in one (1) house, condominium, apartment or other dwelling. See Tennessee Code 37-5-601
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. 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
  • Genetic counselor: means a person licensed under this part to engage in the practice of genetic counseling. See Tennessee Code 63-6-802
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Guardian: means , for purposes of adoptions and terminations of parental rights, the meanings set forth in §. See Tennessee Code 37-5-103
  • 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
  • Imminent risk: means circumstances or behavior likely to produce, within a relatively short period of time, a reasonably strong probability that the child will be placed in state custody. See Tennessee Code 37-5-103
  • 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
  • Indigent: means a person with an income that is below two hundred percent (200%) of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services. See Tennessee Code 63-10-501
  • Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Itinerant optometrist: means an optometrist who maintains an office at a location other than such optometrist's principal office. See Tennessee Code 63-8-102
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juvenile: means a person under eighteen (18) years of age. See Tennessee Code 37-5-103
  • LABA: means an individual who is certified as a board certified assistant behavior analyst (BCABA) and is licensed in this state to practice applied behavior analysis under the extended authority and supervision of a licensed behavior analyst. See Tennessee Code 63-11-302
  • Label: means any written, printed or graphic matter on the immediate container of a drug or device. See Tennessee Code 63-10-204
  • Labeling: means the process of affixing all labels and other written, printed or graphic matter:
    (A) Upon any article or any of its containers or wrappers. See Tennessee Code 63-10-204
  • 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.
  • LBA: means an individual who is certified as a board certified behavior analyst (BCBA) or board certified behavior analyst-doctoral (BCBA-D) and is licensed in this state to practice applied behavior analysis as an independent practitioner. See Tennessee Code 63-11-302
  • Legal custodian: means a person or agency to whom legal custody of a child has been given by court order. See Tennessee Code 37-5-103
  • License: means any permit, approval, registration or certificate issued by the board. See Tennessee Code 63-12-103
  • 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 professional art therapist: means a person who is licensed to practice professional art therapy in this state. See Tennessee Code 63-11-402
  • Licensed veterinarian: means a person who is validly and currently licensed to practice veterinary medicine in this state. See Tennessee Code 63-12-103
  • Licensed veterinary technician: means a person who has successfully completed the examination requirements prescribed by the board and has been issued a license. See Tennessee Code 63-12-103
  • Licensure: means the process by which an agency of government grants permission to an individual to engage in a given occupation upon finding that the applicant has attained the minimal degree of competency necessary to ensure that the public health, safety and welfare will be reasonably protected. See Tennessee Code 63-10-204
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
  • Maltreatment: means abuse as defined in §. See Tennessee Code 37-5-601
  • Manufacturer: means any person, except a pharmacist compounding in the normal course of professional practice, engaged in the commercial production, preparation, propagation, conversion or processing of a drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or both, and includes any packaging or repackaging of a drug or the labeling or relabeling of its container and the promotion and marketing of such drugs or devices. See Tennessee Code 63-10-204
  • Maternity home: means any place or facility operated by any entity or person that receives, treats or cares for more than one (1) child or adult who is pregnant out of wedlock, either before, during or within two (2) weeks after childbirth. See Tennessee Code 37-5-501
  • Medical facility: means any of the following:
    (A) A physician's office. See Tennessee Code 63-10-501
  • Muscular anomalies: means any deviation from the normal standard. See Tennessee Code 63-8-102
  • NADA: means the National Acupuncture Detoxification Association. See Tennessee Code 63-6-1001
  • NBCOT: means the National Board for Certification in Occupational Therapy. See Tennessee Code 63-13-103
  • 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.
  • Nursing home: means any institution or facility defined as such pursuant to Tennessee state law or the rules and regulations for nursing homes promulgated by the department. See Tennessee Code 63-16-101
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Oath: A promise to tell the truth.
  • Occupational therapist: means a person licensed to engage in occupational therapy practice under this chapter. See Tennessee Code 63-13-103
  • Occupational therapy assistant: means a person licensed to assist in occupational therapy practice under the supervision of an occupational therapist. See Tennessee Code 63-13-103
  • Occupational therapy practice: includes , but is not limited to:
    (i) Screening, evaluation, assessment, planning, implementation, or discharge planning in order to determine an occupational therapy treatment diagnosis, prognosis, plan of therapeutic intervention, or discharge plan, or to assess the ongoing effect of intervention. See Tennessee Code 63-13-103
  • Occupations: includes everything that people do to occupy their time, including caring for their needs, enjoying life and contributing to the social and economic fabric of their communities. See Tennessee Code 63-13-103
  • 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
  • Onsite supervision: means the supervising physical therapist or physical therapist assistant must:
    (A) Be continuously onsite and present in the department or facility where assistive personnel are performing services. See Tennessee Code 63-13-103
  • Ophthalmic materials: means any lens that has a spherical, cylindrical or prismatic power or value used before or upon the eye, any contact lens that has no prescription power and any frame or other appliance used for the purpose of holding or positioning any ophthalmic lenses before the eyes. See Tennessee Code 63-8-102
  • Optometrist: means a person who is engaged in the practice of optometry as defined. See Tennessee Code 63-8-102
  • Orthoptic training: means any ocular exercise for the correction or relief of abnormal muscles or functions of the eyes. See Tennessee Code 63-8-102
  • Other assistive personnel: means other trained or educated health care personnel not defined in subdivisions (14) and (16)(B), who perform specific designated tasks related to physical therapy under the supervision of a physical therapist. See Tennessee Code 63-13-103
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means any individual, partnership, association, corporation and the state, its departments, agencies and employees, and the political subdivisions of Tennessee and their departments, agencies and employees, except the department of health and local health departments. See Tennessee Code 63-10-204
  • Pharmacist: means an individual health care provider licensed by the state, pursuant to parts 4-6 of this chapter, to practice the profession of pharmacy. See Tennessee Code 63-10-204
  • pharmacist review committee: means any committee, board, commission or other entity of any national, state or local professional association or society, including an impaired pharmacist peer review committee, a drug utilization review committee or a committee of any pharmacy benefits management organization, health care provider network, licensed health care institution or any health care organization, system or foundation, the function of which, or one of the functions of which, is to review, evaluate and improve the quality of pharmacy-related services provided by pharmacists or pharmacy auxiliary personnel, to provide intervention, support or rehabilitative referrals or services or to determine that pharmacy-related services rendered by pharmacists or pharmacy auxiliary personnel were professionally indicated or were performed in compliance with applicable quality standards, or that the cost of pharmacy-related services rendered by pharmacists or pharmacy auxiliary personnel was reasonable. See Tennessee Code 63-10-204
  • Pharmacist-in-charge: means the supervisory pharmacist who has the authority and responsibility for compliance with laws and rules pertaining to the practice of pharmacy at the practice site of the pharmacist-in-charge. See Tennessee Code 63-10-204
  • Pharmacy: means a pharmacy as defined in §. See Tennessee Code 63-10-501
  • Pharmacy: means a location licensed by this state where drugs are compounded or dispensed under the supervision of a pharmacist, as defined in the rules of the board and where prescription orders are received or processed. See Tennessee Code 63-10-204
  • Pharmacy drug disposal program: means any voluntary drug disposal program located at, or implemented by, a Tennessee-licensed pharmacy located in this state, in accordance with all state and federal rules and regulations. See Tennessee Code 63-10-702
  • Pharmacy technician: means an individual who is specifically trained and designated to assist a pharmacist and may perform tasks delegated by the pharmacist, including participation in drug, dietary supplement and device selection, storage, and distribution and administration, consistent with the pharmacy technician's education, training, and experience, as defined by rules promulgated by the board. See Tennessee Code 63-10-204
  • Physical therapist assistant: means a person who meets the requirements of this chapter for licensure as a physical therapist assistant and who performs physical therapy procedures and related tasks that have been selected and delegated only by the supervising physical therapist. See Tennessee Code 63-13-103
  • Physical therapy: means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter. See Tennessee Code 63-13-103
  • 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
  • physiotherapist: means a person who is licensed pursuant to this chapter to practice physical therapy. See Tennessee Code 63-13-103
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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 applied behavior analysis: means the design, implementation, and evaluation of environmental modifications by a behavior analyst to produce socially significant improvements in human behavior. See Tennessee Code 63-11-302
  • 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
  • Practice of optometry as a profession: means :
    (A) The employment of objective or subjective methods, either or both, for the purpose of ascertaining defects of vision or muscular anomalies or other abnormal conditions of the eyes. See Tennessee Code 63-8-102
  • Practice of pharmacy: means a patient-oriented health service profession in which pharmacists interact and consult with patients and other health care professionals to enhance patients' wellness, prevent illness, and optimize outcomes. See Tennessee Code 63-10-204
  • Practice of physical therapy: means , whether by in-person encounter or via telehealth, telemedicine, or provider-based telemedicine, as authorized by §. See Tennessee Code 63-13-103
  • Practice of veterinary medicine: means to:
    (i) Diagnose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions by any method or mode, including:
    (a) The prescription, dispensing, administration or application of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance or medical or surgical, including cosmetic, technique. See Tennessee Code 63-12-103
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preceptor: means a person who is a last year student duly enrolled and in good standing in a recognized college of veterinary medicine. See Tennessee Code 63-12-103
  • pregnancy: means the female reproductive condition of having an unborn child in the patient's uterus. See Tennessee Code 63-6-1102
  • Prescription drug: means the same as defined in §. See Tennessee Code 63-10-501
  • Principal office: means the office location so designated by the optometrist involved. See Tennessee Code 63-8-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 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
  • Quality assurance program: means a system for identifying problems in patient care that are resolved via administrative, clinical or educational actions to ensure that final products and outcomes meet applicable specifications. See Tennessee Code 63-10-204
  • 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
  • Related: means , for purposes of "child care" the children, step-children, grandchildren, step-grandchildren, siblings of the whole or half-blood, step-siblings, nieces, nephews or foster children of the primary care giver. See Tennessee Code 37-5-501
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Report of harm: means a report regarding child abuse filed under §. See Tennessee Code 37-5-103
  • Residential child care: means the provision of supervision or protection, and meeting the basic needs of a child for twenty-four (24) hours per day. See Tennessee Code 37-5-501
  • School of veterinary medicine: means any veterinary school or college, department of a university or college, legally organized, whose course of study in the art and science of veterinary medicine conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board. See Tennessee Code 63-12-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • 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
  • Standard examination: means the examination prescribed by §. See Tennessee Code 63-8-102
  • State: means any of the fifty (50) states of the union, the District of Columbia and territories of the United States. See Tennessee Code 63-8-102
  • Supervisee: means a person who delivers ABA services under the extended authority and supervision of an LBA or an LABA who is supervised by an LBA. See Tennessee Code 63-11-302
  • 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
  • Supervision: means the direct observation and provision of feedback to a supervisee by an LBA or an LABA who is supervised by an LBA. See Tennessee Code 63-11-302
  • Supervision: means the regular observation and oversight of the functions and activities of a graduate art therapy student as part of an internship or practicum experience, or an associate art therapist engaged in the practice of art therapy to fulfill the requirements for licensure under §. See Tennessee Code 63-11-402
  • Supplies: means the supplies necessary to administer the prescription drugs donated. See Tennessee Code 63-10-501
  • Temporary license: means temporary permission to practice veterinary medicine issued pursuant to this chapter. See Tennessee Code 63-12-103
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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
  • Unprofessional conduct: means the conduct of a pharmacist, pharmacy intern or pharmacy technician that is detrimental to patients or to the profession of pharmacy. See Tennessee Code 63-10-204
  • Unruly: means , as defined in §. See Tennessee Code 37-5-103
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Upper limb: means the hand, wrist, elbow, and shoulder girdle. See Tennessee Code 63-13-103
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veterinarian: means a person who has received a doctor of veterinary medicine degree or its equivalent from an approved school or college of veterinary medicine. See Tennessee Code 63-12-103
  • Veterinarian-client-patient relationship: means :
    (A) The veterinarian has assumed responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, has obtained informed consent, and the client has agreed to follow the veterinarian's instructions. See Tennessee Code 63-12-103
  • Veterinary facility: means a building, place, or mobile unit from which the practice of veterinary medicine is conducted. See Tennessee Code 63-12-103
  • Veterinary medicine: includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine. See Tennessee Code 63-12-103
  • Veterinary technician: means a person who is a graduate of a veterinary technology program accredited by the American Veterinary Medical Association. See Tennessee Code 63-12-103
  • 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
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Youth development center: means a hardware secure facility that houses children who have been adjudicated delinquent and who meet the criteria as established by the department for placement at such facility. See Tennessee Code 37-5-103