(a) As used in this part, unless the context otherwise requires:

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Terms Used In Tennessee Code 58-2-802

  • Agency: means the Tennessee emergency management agency (TEMA). See Tennessee Code 58-2-101
  • Compacts: means the emergency management compacts included in parts 4 and 7 of this chapter. See Tennessee Code 58-2-101
  • 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.
  • Department: means the department of health. See Tennessee Code 58-2-802
  • Disaster: means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state emergency by a county, the governor, or the president of the United States. See Tennessee Code 58-2-101
  • Disaster relief organization: means an entity that provides emergency or disaster relief services that include health services provided by volunteer health practitioners and that:
    (A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government, the department or TEMA. See Tennessee Code 58-2-802
  • Emergency: means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property. See Tennessee Code 58-2-101
  • Emergency management: means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. See Tennessee Code 58-2-101
  • Entity: means a person other than an individual. See Tennessee Code 58-2-802
  • Health practitioner: means an individual licensed under any chapter of titles 62, 63 or 68, or their counterparts in another state, to provide health services. See Tennessee Code 58-2-802
  • Health services: means :
    (A) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
    (i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:
    (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care. See Tennessee Code 58-2-802
  • Host entity: means an entity operating in this state that uses volunteer health practitioners to respond to an emergency. See Tennessee Code 58-2-802
  • 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.
  • License: includes authorization under the laws of this state to an individual to provide health services based upon a national certification issued by a public or private entity. See Tennessee Code 58-2-802
  • 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.
  • Person: means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 58-2-802
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 58-2-802
  • TEMA: means the Tennessee emergency management agency. See Tennessee Code 58-2-802
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) “Coordinating entity” means an entity that acts as a liaison to facilitate communication and cooperation between source and host entities but does not provide health services in the ordinary course of its activities as liaison;
(2) “Credentialing” means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care or services in or for a health facility;
(3) “Department” means the department of health;
(4) “Disaster relief organization” means an entity that provides emergency or disaster relief services that include health services provided by volunteer health practitioners and that:

(A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government, the department or TEMA; or
(B) Regularly plans and conducts its activities in coordination with an agency of the federal government, the department or TEMA;
(5) “Emergency” has the same meaning as used in § 58-2-101;
(6) “Emergency declaration” has the same meaning as “declare a state of emergency” as used in § 58-2-107;
(7) “Emergency management assistance compacts” means the interstate compacts established under parts 4 and 7 of this chapter;
(8) “Entity” means a person other than an individual;
(9) “Health facility” has the same meaning as “facility” as defined in § 68-11-201 and “veterinary facility” as defined in § 63-12-103 licensed under the laws of this or another state to provide health services;
(10) “Health practitioner” means an individual licensed under any chapter of titles 62, 63 or 68, or their counterparts in another state, to provide health services;
(11) “Health services” means:

(A) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:

(i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:

(a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and
(b) Counseling, assessment, procedures, or other services;
(ii) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
(iii) Funeral, cremation, cemetery, or other mortuary services; or
(B) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including:

(i) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy;
(ii) Use of a procedure for reproductive management; and
(iii) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans;
(12) “Host entity” means an entity operating in this state that uses volunteer health practitioners to respond to an emergency;
(13) “License” means authorization by a state to engage in health services that are unlawful without the authorization. “License” includes authorization under the laws of this state to an individual to provide health services based upon a national certification issued by a public or private entity;
(14) “Person” means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(15) “Privileging” means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill;
(16) “Scope of practice” means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner’s services are rendered, including any conditions imposed by the licensing authority;
(17) “Source entity” means a person located in this or another state that employs or uses the services of health practitioners authorized to provide health services pursuant to this part;
(18) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
(19) “TEMA” means the Tennessee emergency management agency; and
(20) “Voluntary health practitioner” means a health practitioner who provides health services, whether or not the practitioner receives compensation for those services. “Voluntary health practitioner” does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate that requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect.
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