A cause of action for sexual misconduct exists for a claimant where the sexual misconduct occurred:

(1) During the time when the patient was receiving therapy from the therapist; or
medical exam

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Terms Used In Tennessee Code 29-26-204

  • Claimant: means any of the following:
    (A) The victim. See Tennessee Code 29-26-203
  • 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
  • Dependent: A person dependent for support upon another.
  • Patient: means a person who has obtained therapy from a therapist. See Tennessee Code 29-26-203
  • Sexual misconduct: means any of the following, regardless of the consent of the patient:
    (i) 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
  • Therapist: means any person who performs therapy regardless of whether the person is licensed by the state. See Tennessee Code 29-26-203
  • Therapy: includes , but is not limited to, marital counseling, substance abuse treatment, and family counseling. See Tennessee Code 29-26-203
(2) After the patient has stopped receiving therapy from the therapist if the patient is still emotionally dependent upon the therapist or the sexual misconduct was the result of deception; or
(3) Both subdivisions (1) and (2).
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