Terms Used In Tennessee Code > Title 37 > Chapter 5 > Part 1 - General Provisions

• 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
• 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
• Adult: means , as defined in §. See Tennessee Code 37-5-103
• 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
• 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.
• 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.
• 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
• 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.
• 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
• 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
• BACB: means the nationally accredited behavior analyst certification board or its successor. See Tennessee Code 63-11-302
• Board: means the board of examiners for nursing home administrators. See Tennessee Code 63-16-101
• Board: means the board of veterinary medical examiners. See Tennessee Code 63-12-103
• 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
• 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 sexual abuse: means , as defined in §. See Tennessee Code 37-5-103
• 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
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commissioner: means the commissioner of children's services. See Tennessee Code 37-5-103
• Committee: means the doula services advisory committee. See Tennessee Code 63-15-102
• Committee: means the applied behavior analyst licensing committee of the board of examiners in psychology, created by §. See Tennessee Code 63-11-302
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Credentialed art therapist: means a person holding credentials in good standing with the Art Therapy Credentials Board, Inc. See Tennessee Code 63-11-402
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of health. See Tennessee Code 63-15-102
• Department: means the department of children's services. See Tennessee Code 37-5-103
• Dependent: A person dependent for support upon another.
• Dependent and neglected: means , as defined in §. See Tennessee Code 37-5-103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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 of the department of health. See Tennessee Code 63-13-103
• Doula: means a birth worker who provides child birth education, advocacy, and physical, emotional, and nonmedical support for pregnant and postpartum women before, during, and after childbirth and loss. See Tennessee Code 63-15-102
• Doula services: means at least three (3) prenatal appointments, continuous labor support during birth, and at least three (3) postpartum appointments with a pregnant woman. See Tennessee Code 63-15-102
• 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
• 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}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• 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
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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.
• 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
• 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
• 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}
• 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means any permit, approval, registration or certificate issued by the board. See Tennessee Code 63-12-103
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• NBCOT: means the National Board for Certification in Occupational Therapy. See Tennessee Code 63-13-103
• 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
• Nursing home administrator: means any individual responsible for planning, organizing, directing or controlling the operation of a nursing home or who in fact performs such functions, whether or not such functions are shared by one (1) or more other people. See Tennessee Code 63-16-101
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• 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.
• 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 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
• 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: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• 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
• physiotherapist: means a person who is licensed pursuant to this chapter to practice physical therapy. See Tennessee Code 63-13-103
• 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.
• Postpartum: means the twelve-month period immediately following childbirth. See Tennessee Code 63-15-102
• 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 nursing home administration: means the planning, organizing, directing or controlling the operation of a nursing home. See Tennessee Code 63-16-101
• 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
• 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.
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• 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
• 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
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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
• 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.
• 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
• 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
• Single state agency: means the department of health. See Tennessee Code 63-16-101
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• 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 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
• Temporary license: means temporary permission to practice veterinary medicine issued pursuant to this chapter. See Tennessee Code 63-12-103
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• 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
• 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.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
• 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