Terms Used In Tennessee Code > Title 5 > Chapter 21 - County Financial Management System of 1981

• Abortion: means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Tennessee Code 37-10-302
• Access: means that a provider is capable of providing cable service or video service at the household address regardless of whether any customer has ordered service or whether the owner or landlord or other responsible person has granted access to the household. See Tennessee Code 7-59-303
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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
• Administrative judge: means an agency member, agency employee or employee or official of the office of the secretary of state, licensed to practice law and authorized by law to conduct contested case proceedings pursuant to §. See Tennessee Code 4-5-102
• Adult: means , as defined in §. See Tennessee Code 37-5-103
• Adult: means a person who is eighteen (18) years of age or older or otherwise emancipated. See Tennessee Code 38-1-902
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
• Agency: means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases. See Tennessee Code 4-5-102
• Agency: means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services. See Tennessee Code 37-2-402
• 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.
• 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 a domesticated living creature or a wild creature previously captured. See Tennessee Code 38-1-401
• Antepartal: means occurring during pregnancy. See Tennessee Code 63-29-102
• 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.
• Appropriate sampling: means cases of a second or subsequent incident of severe child abuse selected by the commission from all profiled cases submitted by the department of children's services. See Tennessee Code 37-3-802
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• assistant: means any person certified as such pursuant to this chapter, who has:
  (A) Received on-the-job training equivalent to at least one thousand (1,000) hours of clinical training in respiratory care, during an eighteen (18) consecutive month period. See Tennessee Code 63-27-102
• Athletic injury: means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina, or comparable athletic injury that prevents such person from participating in such activities. See Tennessee Code 63-24-101
• Athletic trainer: means a person with specific qualifications as set forth in this chapter, who, upon the advice, consent and oral or written prescriptions or referrals of a physician licensed under this title, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries, and, in carrying out these functions the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. See Tennessee Code 63-24-101
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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 board of examiners for nursing home administrators. See Tennessee Code 63-16-101
• Board: means the massage licensure board. See Tennessee Code 63-18-102
• Board: means the board of athletic trainers. See Tennessee Code 63-24-101
• Board: means the board of dietitian/nutritionist examiners. See Tennessee Code 63-25-103
• Board: means the board of respiratory care. See Tennessee Code 63-27-102
• Board: means the board of medical examiners, created by chapter 6 of this title. See Tennessee Code 63-28-102
• Board: means the board of osteopathic examiners of the department of health to which the council of certified professional midwifery reports. See Tennessee Code 63-29-102
• Board: means an advisory review board appointed by a juvenile court judge, juvenile court judges, or the department of children's services as provided in this part. See Tennessee Code 37-2-402
• Board: means the community services agency board. See Tennessee Code 37-5-303
• Cable service provider: means a provider of cable service. See Tennessee Code 7-59-303
• Cable system: has the meaning set forth in 47 U. See Tennessee Code 7-59-303
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• 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
• Certified respiratory therapist: means any person who has obtained the credential "certified respiratory therapist" (CRT) or the credential "certified respiratory therapy technician" (CRTT) from the National Board for Respiratory Care. See Tennessee Code 63-27-102
• Child: means :
  (i) A person under eighteen (18) years of age. See Tennessee Code 37-5-103
• Child: means any person under twenty-one (21) years of age. See Tennessee Code 37-10-201
• 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
• chiropractic physician: means a person who is a graduate of a chiropractic college accredited by the Council on Chiropractic Education or its successor, or is a graduate of an international chiropractic college approved by the board of chiropractic examiners, and who has received a license issued by the board of chiropractic examiners. See Tennessee Code 63-4-101
• 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
• Commission: means the Tennessee second look commission. See Tennessee Code 37-3-802
• Commissioner: means the commissioner of health and includes designees of the commissioner of health. See Tennessee Code 63-26-102
• 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 county financial management committee. See Tennessee Code 5-21-102
• Committee: means the doula services advisory committee. See Tennessee Code 63-15-102
• Committee: means the committee for clinical perfusion. See Tennessee Code 63-28-102
• 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.
• Compensation: means the payment, loan, advance, donation, contribution, deposit or gift of money or anything of value. See Tennessee Code 63-18-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consultation: means exchange of information and advice regarding the client condition and indicated treatment with a physician. See Tennessee Code 63-29-102
• Contested case: means a proceeding, including a declaratory proceeding, in which the legal rights, duties or privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing. See Tennessee Code 4-5-102
• 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.
• Council: means the council of certified professional midwifery. See Tennessee Code 63-29-102
• County: means any county or any metropolitan form of government in this state having a population of two hundred thousand (200,000) or more, according to the 1980 federal census or any subsequent federal census, that by resolution has made the findings and determinations required by §. See Tennessee Code 7-60-103
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Court: means the juvenile court having jurisdiction over the person of the child, or, if no juvenile court has jurisdiction over the child, then the juvenile court in the county in which the child resides. See Tennessee Code 37-2-402
• CPM-TN: means certified professional midwife in Tennessee. See Tennessee Code 63-29-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of foster care placement: means the original date on which the child is physically placed in foster care. See Tennessee Code 37-2-402
• Days: means calendar days. See Tennessee Code 7-59-303
• De-identified: means there is no reasonable basis to believe that the information can be used to identify an individual and there is compliance with the requirements for de-identification outlined in 45 C. See Tennessee Code 63-2-101
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the finance department. See Tennessee Code 5-21-102
• Department: means the department of health. See Tennessee Code 63-15-102
• Department: means the department of health. See Tennessee Code 63-25-103
• Department: means the department of health. See Tennessee Code 63-29-102
• Department: means the department of children's services. See Tennessee Code 37-5-103
• Department: means the department of children's services. See Tennessee Code 37-2-502
• 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
• Department: means the department of commerce and insurance. See Tennessee Code 38-1-601
• Department: means the Tennessee public utility commission. See Tennessee Code 7-59-303
• Dependent: A person dependent for support upon another.
• 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.
• Diagnosis: means :
  (i) The differential diagnosis of human ailments through examination and evaluation of patients and through diagnostic procedures necessary to clinically correlate a physical examination to a diagnostic impression. See Tennessee Code 63-4-101
• Director: means the director of the finance department. See Tennessee Code 5-21-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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 within the department. See Tennessee Code 63-25-103
• Division: means the division of health related boards as defined by §. See Tennessee Code 63-27-102
• Division: means the division of health related boards. See Tennessee Code 63-28-102
• Docket: A log containing brief entries of court proceedings.
• 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
• Electrologist: means any person practicing electrolysis for the permanent removal of hair. See Tennessee Code 63-26-102
• Electrology: means the art and practice relating to the removal of hair from the normal skin of the human body by application of an electric current to the hair papilla by means of a needle or needles so as to cause growth inactivity of the hair papilla and thus permanently remove the hair. See Tennessee Code 63-26-102
• Electrology instructor: means an electrologist who is licensed by the commissioner to practice and teach electrology. See Tennessee Code 63-26-102
• Electrolysis: means the process by which the hair is removed from the normal skin by the application of an electric current to the hair root by means of a needle or needles, whether the process employs direct electric current or short wave alternating electric current or combination of both, or by FDA approved laser beam process designated for permanent hair removal. See Tennessee Code 63-26-102
• Entry regulation: means :
  (A) Any rule promulgated by a licensing authority for the purpose of regulating an occupational or professional group, including, but not limited to, any rule prescribing qualifications or requirements for a person's entry into, or continued participation in, any business, trade, profession, or occupation in this state. See Tennessee Code 4-5-501
• 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.
• Executive director: means the chief administrative officer of a community service agency. See Tennessee Code 37-5-303
• Extracorporeal circulation: means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidneys, liver or other organs. See Tennessee Code 63-28-102
• 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
• Family support services: means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families, including adoptive, foster, and extended families, to increase parents' confidence and competence in their parenting abilities, to afford children a safe, stable and supportive family environment, and otherwise to enhance child development. See Tennessee Code 37-3-602
• Federal law: means the Mortgage Subsidy Bond Tax Act of 1980 (26 U. See Tennessee Code 7-60-103
• 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.
• 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}
• Franchise: has the meaning set forth in 47 U. See Tennessee Code 7-59-303
• Franchise area: means , with respect to a large telecommunications provider that is a holder of a state-issued certificate of franchise authority, the aggregate geographic area containing its basic local exchange wire-line telephone service areas within the state. See Tennessee Code 7-59-303
• Franchise authority: means "franchising authority" as set forth in 47 U. See Tennessee Code 7-59-303
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Graduate physician: means a medical school graduate who:
  (A) Is a resident and citizen of the United States or a legal resident alien in the United States. See Tennessee Code 63-20-102
• Graduate physician collaborative practice arrangement: means an agreement between a licensed physician and a graduate physician that meets the requirements of this chapter. See Tennessee Code 63-20-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Gross revenues: means :
  (A) With respect to a holder of a state-issued certificate of franchise authority, all revenues received from subscribers in the applicable municipality or unincorporated county area for providing cable or video services, and all revenues received from nonsubscribers in the applicable municipality or unincorporated county area for advertising services and as commissions from home shopping services, as allocated pursuant to subdivision (11)(B). See Tennessee Code 7-59-303
• 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 provider: means any person required to be licensed under this title. See Tennessee Code 63-2-101
• Hearing officer: means an agency member, agency employee or employee or official of the office of the secretary of state, not licensed to practice law, and authorized by law to conduct a contested case proceeding pursuant to §. See Tennessee Code 4-5-102
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Home: means residential housing, including real property and improvements on real property, consisting of one (1) or more dwelling units, including, but not limited to, condominium units, owned by one (1) person or family of lower or moderate income that occupies or intends to occupy one (1) of such units. See Tennessee Code 7-60-103
• Home mortgage: means an interest-bearing loan to a person or family of lower or moderate income for the purpose of purchasing or improving a home, constituting a first lien on real property and evidenced by a promissory note and secured by a mortgage, deed of trust or other security instrument on such home, but does not include a loan primarily for the purpose of refinancing an existing loan. See Tennessee Code 7-60-103
• Household: means an apartment, a house, a mobile home, or any other structure or part of a structure intended for residential occupancy as separate living quarters. See Tennessee Code 7-59-303
• Housing for lower and moderate income persons and families: means modest housing that is decent, safe, sanitary and adequate for the needs of the size of the family within sales price limits that do not exceed the sales price limits established and published by the Tennessee housing development agency for each county or metropolitan government having a population of two hundred thousand (200,000) or more by the 1980 federal census or any subsequent federal census. See Tennessee Code 7-60-103
• 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
• Imminent risk of placement: 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 as a result of being adjudicated dependent and neglected, delinquent and unruly, or in need of mental health services under §. See Tennessee Code 37-3-602
• Incapacitated: means that a patient is in a physical or mental condition such that the patient is incapable of granting or denying informed consent. See Tennessee Code 63-2-101
• Incumbent cable service provider: means any cable service provider who provided cable service in a municipality or in an unincorporated area of a county on July 1, 2008, under a franchise whether or not the franchise had expired on July 1, 2008. See Tennessee Code 7-59-303
• 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}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Intrapartal: means occurring during the process of giving birth. See Tennessee Code 63-29-102
• Investigatory meetings: means commission meetings where information made confidential pursuant to state or federal law is examined by the commission or information is being discussed that is relevant to a pending criminal action. See Tennessee Code 37-3-802
• 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
• Judge: means a juvenile judge or the judge having jurisdiction over the person of the child. See Tennessee Code 37-2-402
• 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
• Large telecommunications provider: means a cable or video service provider using telecommunications facilities to provide cable or video service that, as of January 1, 2008, directly or through any subsidiary or affiliate, had more than one million (1,000,000) telecommunications access lines in this state. See Tennessee Code 7-59-303
• 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.
• 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
• Lending institution: means any bank, trust company, savings bank, national banking association, federal national mortgage association approved mortgage banker, savings and loan association, building and loan association, credit union, mortgage banker or other financial institution or governmental agency that customarily provides service or otherwise aids in the financing of mortgages on residential housing in the state or any holding company for any of the lending institutions and that is located in the state. See Tennessee Code 7-60-103
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: includes the whole or part of any agency, permit, certificate, approval, registration, charter or similar form of permission required by law. See Tennessee Code 4-5-102
• Licensed clinical perfusionist: means a person licensed pursuant to this chapter. See Tennessee Code 63-28-102
• Licensing: includes the agency process respecting the grant, denial, renewal, revocation, suspension, withdrawal or amendment of a license. See Tennessee Code 4-5-102
• Licensing authority: means any state regulatory board, commission, council, or committee in the executive branch of state government established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for the purpose of entry into, or regulation of, any occupational or professional group. See Tennessee Code 4-5-501
• 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
• Maltreatment: means abuse as defined in §. See Tennessee Code 37-5-601
• Massage establishment: means a place of business held out to the public wherein massage is practiced. See Tennessee Code 63-18-102
• Massage therapist: means a person who practices massage for compensation and is licensed by the board. See Tennessee Code 63-18-102
• 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 records: includes any list of patients that is compiled or maintained by or for such patient's health care provider. See Tennessee Code 63-2-101
• Medical school graduate: means any person who has graduated from a medical school as described in §. See Tennessee Code 63-20-102
• Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
• Midwife: means a person who is trained to give the necessary care and advice to women during pregnancy, labor, and the post-birth period, to conduct normal deliveries on the midwive's own responsibility and to care for the newly born infant. See Tennessee Code 63-29-102
• Midwifery: means the practice of attending low-risk women during pregnancy, labor and the post-birth period with the informed consent of the mother. See Tennessee Code 63-29-102
• Minor: means any person under eighteen (18) years of age. See Tennessee Code 37-10-302
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Missing child: means a child who is believed to have been removed by force, persuasion, trick, enticement, false pretense, has voluntarily left the custody of such child's parent without permission or is absent for unexplained or unknown reasons. See Tennessee Code 37-10-201
• 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.
• Muscular anomalies: means any deviation from the normal standard. See Tennessee Code 63-8-102
• NARM: means the North American Registry of Midwives. See Tennessee Code 63-29-102
• notes: means the bonds and notes respectively authorized to be issued by counties under this chapter. See Tennessee Code 7-60-103
• 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.
• 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
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of a specific person or persons. See Tennessee Code 4-5-102
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: includes corporations as well as individuals. See Tennessee Code 38-1-401
• Parent: means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights. See Tennessee Code 37-2-402
• Parent: means a natural or adoptive parent, guardian, or person or organization standing in a loco parentis position by virtue of an order of a court. See Tennessee Code 37-10-201
• 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.
• Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Tennessee Code 4-5-102
• Perfusion: means the functions necessary for the support, treatment, measurement or supplementation of the cardiovascular, circulatory or respiratory systems, or other organs, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and under the supervision of a licensed physician, including:
  (A) The use of extracorporeal circulation, long-term cardiopulmonary support techniques including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation and associated therapeutic and diagnostic technologies. See Tennessee Code 63-28-102
• Perfusion protocols: means perfusion-related policies and protocols developed or approved by a licensed health care facility or a physician through collaboration with administrators, licensed clinical perfusionists and other health care professionals. See Tennessee Code 63-28-102
• permanency plan: means a written plan for a child placed in foster care with the department of children's services or in the care of an agency as defined in subdivision (3) and as provided in §. See Tennessee Code 37-2-402
• Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, including another agency. See Tennessee Code 4-5-102
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Persons and families of low and moderate income: means persons and families, regardless of race, creed, national origin, age or sex, deemed to require such assistance as is made available by this chapter with the income limits established for each county by the governing body of such county, except that the income limits cannot exceed the income limits set by the Tennessee housing development agency for its programs. See Tennessee Code 7-60-103
• Physician: means a person who is duly licensed in the state of Tennessee to practice medicine by the state board of medical examiners or to practice osteopathy by the board. See Tennessee Code 63-29-102
• 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.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Policy: means any statement, document, or guideline prepared or issued by any agency pursuant to its delegated authority that merely defines or explains the meaning of a statute or a rule. See Tennessee Code 4-5-102
• Postpartal: means occurring subsequent to birth. See Tennessee Code 63-29-102
• Postpartum: means the twelve-month period immediately following childbirth. See Tennessee Code 63-15-102
• Practice of chiropractic: means the diagnosis and treatment of patients, as defined in subdivisions (a)(1)(B) and (a)(1)(D). See Tennessee Code 63-4-101
• 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 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 respiratory care: includes , under the supervision, control and responsibility of a licensed physician:
  (a) The administration of pharmacologic agents and medical gasses necessary to diagnose, implement treatment, promote disease prevention, and provide rehabilitation to the cardiorespiratory system. See Tennessee Code 63-27-102
• 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.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary care services: means medical services in pediatrics, internal medicine, and family medicine. See Tennessee Code 63-20-102
• 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.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Profiled cases: means cases of a second or subsequent incident of severe child abuse provided by the department of children's services to the commission. See Tennessee Code 37-3-802
• 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.
• Provisional licensed clinical perfusionist: means a person provisionally licensed pursuant to this chapter. See Tennessee Code 63-28-102
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public right-of-way: means the area on, along, below, or above a public roadway, highway, street, sidewalk, alley, bridge or waterway that is not private property. See Tennessee Code 7-59-303
• Purposes of this chapter: means ameliorating the deterioration of counties by preserving and expanding employment opportunities in the construction and related industries and the tax base of counties by undertaking or assisting in the financing of home mortgages for persons and families of lower and moderate income. See Tennessee Code 7-60-103
• Quorum: The number of legislators that must be present to do business.
• Racial profiling: means the detention or interdiction of an individual in traffic contacts, field contacts, or asset seizure and forfeiture efforts solely on the basis of the individual's actual or perceived race, color, ethnicity, or national origin. See Tennessee Code 38-1-502
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• 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
• Registered respiratory therapist: means any person who has obtained the credential "registered respiratory therapist" (RRT) from the National Board for Respiratory Care. See Tennessee Code 63-27-102
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Report: means a written report by an advisory review board as provided in §. See Tennessee Code 37-2-402
• 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
• 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
• Respiratory care practitioner: means a registered respiratory therapist, a certified respiratory therapist, or a respiratory assistant licensed under this chapter. See Tennessee Code 63-27-102
• Rule: includes the establishment of a fee and the amendment or repeal of a prior rule. See Tennessee Code 4-5-102
• Runaway: means any person under eighteen (18) years of age who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. See Tennessee Code 37-2-502
• Runaway house: means any house or institution giving sanctuary or housing to any person under eighteen (18) years of age, who is away from the home or residence of such person's parents or guardians without such parents' or guardians' consent. See Tennessee Code 37-2-502
• Sanctuary: means a house, institution or other organization providing housing or accommodations to runaways as set forth in this part. See Tennessee Code 37-2-502
• Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. See Tennessee Code 1-3-105
• School: means an electrology school teaching the art of electrology. See Tennessee Code 63-26-102
• Second or subsequent incident of severe child abuse: means an indicated incident of severe child abuse to a victim who had a prior indicated incident of child abuse or severe child abuse, as determined by the department of children's services. See Tennessee Code 37-3-802
• 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
• Sexual assault: means a criminal offense under title 39, chapter 13, part 5, involving unlawful sexual penetration or unwanted sexual contact. See Tennessee Code 38-1-902
• Sexual contact: means the same as defined in §. See Tennessee Code 38-1-902
• Sexual penetration: means the same as defined in §. See Tennessee Code 38-1-902
• 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
• Small business: means a business entity, including its affiliates, that employs fifty (50) or fewer full-time employees. See Tennessee Code 4-5-102
• 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
• State: means the state of Tennessee. See Tennessee Code 7-60-103
• 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.
• Subpoena duces tecum: A command to a witness to produce documents.
• 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.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Time-limited family reunification services: means the services and activities described below that are provided to a child that is removed from the child's home and placed in a foster family home or a child care institution and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, but only during the fifteen-month period that begins on the date that the child, pursuant to §. See Tennessee Code 37-3-602
• token support: means that the support, under the circumstances of the individual case, is insignificant given the parent's means. See Tennessee Code 37-2-402
• token visitation: means that the visitation, under the circumstances of the individual case, constitutes nothing more than perfunctory visitation or visitation of such an infrequent nature or of such short duration as to merely establish minimal or insubstantial contact with the child. See Tennessee Code 37-2-402
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• 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.
• Treatment: means :
  (i) The treatment of neuromuscular, musculoskeletal, and related conditions through the use of chiropractic adjustment and manipulation. See Tennessee Code 63-4-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• 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.
• Venue: The geographical location in which a case is tried.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Video programming: means programming provided by, or generally considered comparable to programming provided by a television broadcast station, as set forth in 47 U. See Tennessee Code 7-59-303
• Video service provider: means a provider of video service. See Tennessee Code 7-59-303
• Wireless telecommunications service provider: means a provider of commercial mobile radio service as defined by 47 C. See Tennessee Code 38-1-601
• 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