Terms Used In Tennessee Code > Title 63 > Chapter 6 - Medicine and Surgery

• ABGC: means the American Board of Genetic Counseling. See Tennessee Code 63-6-802
• ABMG: means the American Board of Medical Genetics. See Tennessee Code 63-6-802
• ACAOM: means the Accreditation Commission for Acupuncture and Oriental Medicine. See Tennessee Code 63-6-1001
• Acupuncture: means a form of health care developed from traditional and modern oriental medical concepts that employs oriental medical diagnosis and treatment and adjunctive therapies and diagnostic techniques for the promotion, maintenance and restoration of health and the prevention of disease. See Tennessee Code 63-6-1001
• ADS: means an acupuncture detoxification specialist trained in, and who performs only, the five-point auricular detoxification treatment. See Tennessee Code 63-6-1001
• Advanced illness: means a progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of current federal drug administration approved and available treatments, and that, without life-sustaining procedures, will soon result in death. See Tennessee Code 63-6-302
• Adverse event: means any untoward medical occurrence associated with the use of an investigational drug, biological product, or device in humans, regardless if drug-related. See Tennessee Code 63-6-302
• 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.
• 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
• 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.
• 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.
• Appraisal: A determination of property value.
• 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.
• Associated physician: means an individual licensed, and in good standing, to practice medicine in this state pursuant to chapter 6 or 9 of this title and who has entered into an associated physician agreement pursuant to §. See Tennessee Code 63-6-1102
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• 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 board of medical examiners, created by §. See Tennessee Code 63-6-802
• Board: means the Tennessee board of medical examiners. See Tennessee Code 63-6-1001
• 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
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complication: means an adverse physical or psychological condition arising from the performance of an abortion, including, but not limited to, uterine perforation. See Tennessee Code 63-6-1102
• 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.
• 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
• Cytopathology services: means the examination of cells from fluids, aspirates, washings, brushings or smears, including the Pap test examination performed by a physician or under the supervision of a physician. See Tennessee Code 63-6-1201
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of children's services. See Tennessee Code 37-2-502
• Department: means the department of health. See Tennessee Code 63-6-802
• Department: means the department of health. See Tennessee Code 63-6-1102
• Dependent: A person dependent for support upon another.
• 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.
• 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 within the department. See Tennessee Code 63-6-802
• Docket: A log containing brief entries of court proceedings.
• Eligible patient: means an individual who meets all of the following conditions:
  (A) Has an advanced illness, attested to by the patient's treating physician and confirmed by a second physician. See Tennessee Code 63-6-302
• 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.
• Facility: means a public or private hospital, clinic, center, medical school, medical training institution, healthcare business, physician's office, infirmary, dispensary, ambulatory surgical center, or other institution, location, or business where medical care or pharmaceuticals are provided to individuals. See Tennessee Code 63-6-1102
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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.
• Free clinic: means a not for profit, out-patient, nonhospital facility in which a health care provider engages in the voluntary provision of health care services to patients without charge to the recipient of the services or to a third party. See Tennessee Code 63-6-703
• Genetic counselor: means a person licensed under this part to engage in the practice of genetic counseling. See Tennessee Code 63-6-802
• 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.
• health care entity: means and includes a health care facility and an agency, company or health care professional, other than the referring physician, providing health care services. See Tennessee Code 63-6-601
• Health care facility: means and includes any real property or equipment of a health care institution as that term is defined in §. See Tennessee Code 63-6-601
• Health care provider: means any physician, surgeon, dentist, nurse, optometrist or other practitioner of a health care discipline, the professional practice of which requires licensure or certification under this title or under a comparable provision of law of another state, territory, district or possession of the United States. See Tennessee Code 63-6-703
• 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.
• Last menstrual period: means the time that has elapsed since the first day of the patient's last menstrual period. See Tennessee Code 63-6-1102
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed health care provider: means any health care provider holding a current license or certificate issued under:
  (A) This title. See Tennessee Code 63-6-703
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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.
• NADA: means the National Acupuncture Detoxification Association. See Tennessee Code 63-6-1001
• NCCAOM: means the National Certification Commission for Acupuncture and Oriental Medicine. See Tennessee Code 63-6-1001
• 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.
• Onsite medical clinic: means a medical clinic located on the premises of the patient's employer for which cytopathology services are provided and for which a patient has no financial obligation to pay for the cytopathology services. See Tennessee Code 63-6-1201
• 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
• 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: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Physician: means an individual licensed, and in good standing, to practice medicine in this state pursuant to chapter 6 or 9 of this title. See Tennessee Code 63-6-1102
• 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.
• Practice of acupuncture: means the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based on oriental medical diagnosis as a primary mode of therapy. See Tennessee Code 63-6-1001
• Practice of genetic counseling: means the process of helping people understand and adapt to the medical, psychological and familial implications of genetic contributions to disease performed pursuant to a referral. See Tennessee Code 63-6-802
• pregnancy: means the female reproductive condition of having an unborn child in the patient's uterus. See Tennessee Code 63-6-1102
• 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.
• Provide: means an act of giving, selling, dispensing, administering, transferring possession to, or otherwise providing or prescribing, an abortion-inducing drug. See Tennessee Code 63-6-1102
• Qualified physician: means a physician who has the ability to:
  (A) Identify and document a viable intrauterine pregnancy. See Tennessee Code 63-6-1102
• 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
• Referral: means a written or telecommunicated authorization for genetic counseling services from a physician licensed to practice medicine in all its branches or an advanced practice registered nurse or physician assistant who has an agreement and signed protocols with a supervising physician that authorizes referrals to a genetic counselor. See Tennessee Code 63-6-802
• Regularly practice: means to practice for more than sixty (60) days within any ninety-day period. See Tennessee Code 63-6-703
• 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
• 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
• 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
• 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.
• 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
• Sponsoring organization: means any organization that organizes or arranges for the voluntary provision of health care services and that registers with the department of health as a sponsoring organization in accordance with §. See Tennessee Code 63-6-703
• 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.
• Supervision: means the ongoing, direct clinical review for the purposes of training or teaching by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance and instructions with respect to the clinical skills and competencies of the person supervised. See Tennessee Code 63-6-802
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unborn child: means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in 1 U. See Tennessee Code 63-6-1102
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
• Voluntary provision of health care services: means the providing of professional health care services by the health care provider either without charge to the recipient of the services or to a third party, or recipients are charged on a sliding scale according to income. See Tennessee Code 63-6-703
• 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