§ 33-3-201 Liability of counselor for suicide or attempted suicide of person counseled
§ 33-3-202 Director of not-for-profit corporation providing service not liable for torts of recipients
§ 33-3-206 Duty to predict, warn or take precautions to provide protection – Liability
§ 33-3-207 Discharge of duty
§ 33-3-208 Duty of employees who transmit or record patient communications
§ 33-3-209 Immunity from liability where duty satisfied
§ 33-3-210 Reporting to local law enforcement by a qualified mental health professional or behavior analyst of an actual threat of serious bodily harm or death against an identifiable victim
§ 33-3-212 Immunity for refusal to perform act prohibited by this title
§ 33-3-217 Uniform assessment process for determining recipient’s decision making capacity
§ 33-3-218 Decision making capacity of recipient
§ 33-3-219 Surrogate decision maker for medical decisions – Immunity from liability
§ 33-3-220 Eligibility to serve as surrogate decision maker
§ 33-3-221 Immunity of medical professional acting in accordance with decision of surrogate decision maker
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Terms Used In Tennessee Code > Title 33 > Chapter 3 > Part 2 - Special Liability Rules

  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Child: means a person who is under eighteen (18) years of age. See Tennessee Code 33-1-101
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-1-102
  • Consent: means voluntary agreement to what is reasonably well understood regardless of how the agreement is expressed. See Tennessee Code 33-1-101
  • Contract: A legal written agreement that becomes binding when signed.
  • 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 mental health and substance abuse services. See Tennessee Code 33-1-101
  • Domestic stock life insurance corporation: means a corporation organized and doing business under the laws of this state, with its principal office or place of business located within the state, having an authorized capital stock, and shares of capital stock, and engaged in writing life insurance or life, health and accident insurance, either separately or in combined policies. See Tennessee Code 56-18-108
  • 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.
  • Hospital: means a public or private hospital or facility or part of a hospital or facility equipped to provide inpatient care and treatment for persons with mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
  • Licensed physician: means a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M. See Tennessee Code 33-1-101
  • Mental illness: means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities as defined in title 52. See Tennessee Code 33-1-101
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Qualified mental health professional: means a person who is licensed in the state, if required for the profession, and who is a psychiatrist. See Tennessee Code 33-1-101
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Serious emotional disturbance: means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology. See Tennessee Code 33-1-101
  • Service recipient: means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • 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
  • Treatment resource: means any public or private facility, service, or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses, and rehabilitation centers. See Tennessee Code 33-1-101
  • Trustee: A person or institution holding and administering property in trust.