Tennessee § 29-26-101 - Part definitions.

§ 29-26-101. Part definitions.

As used in this part, unless the context otherwise requires: “Health care liability action” means any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services to a person, regardless of the theory of liability on which the action is based; “Health care provider” means: A health care practitioner licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee; A nongovernmental health care facility licensed under title 68, chapter 11; A nongovernmental health facility licensed under the Mental Health, Developmental Disability, and Personal Support Services Licensure Law, compiled in title 33, chapter 2, part 4; The employee of a health care provider involved in the provision of health care services, including, but not limited to, physicians, nurses, licensed practical nurses, advance practice nurses, physician assistants, nursing technicians, pharmacy technicians, orderlies, certified nursing assistants, technicians and those physicians and nurses employed by a governmental health facility; or A professional corporation or professional limited liability company established pursuant to title 48, a registered limited liability partnership rendering professional services under title 61 and which consists of one (1) or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, or any legal entity that is not itself required to be licensed but which employs one or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68; “Licensee” means a health care provider licensed, authorized, certified, registered, or regulated under title 33, 63, or 68 that is legally responsible for all health care services provided; “Management company” means an individual or entity that contracts with, or receives a fee from, a licensee to provide any of the following services to or for a licensee: Directly hiring or firing the administrator or other managing employees of the licensee; Directly controlling or having control over the staffing levels at the licensee; Directly controlling the budget and expenditures of the licensee; or Directly implementing and enforcing the policies and procedures of the licensee; and “Passive investor” means an individual or entity that has an ownership interest in a licensee but does not directly participate in the day-to-day decision making or operations of the licensee. Health care services to persons includes care by health care providers, which includes care by physicians, nurses, licensed practical nurses, pharmacists, pharmacy interns or pharmacy technicians under the supervision of a pharmacist, orderlies, certified nursing assistants, advance practice nurses, physician assistants, nursing technicians and other agents, employees and representatives of the provider, and also includes staffing, custodial or basic care, positioning, hydration and similar patient services. Any such civil action or claim is subject to this part regardless of any other claims, causes of action, or theories of liability alleged in the complaint; provided, that no provision of this part shall apply to claims against the state to the extent that such provision is inconsistent with or conflicts with the Tennessee Claims Commission Act, compiled in title 9, chapter 8, part 3. Acts 2011, ch. 510, § 8; 2015, ch. 254, § 1. Compiler's Notes. Former § 29-26-101 — 29-26-114 (Acts 1975, ch. 299, §§ 1-13, 20; 1976, ch. 759, §§ 1-14; 1976, ch. 806, § 1(33); 1977, ch. 324, §§ 1-5; 1978, ch. 576, §§ 1-4; 1980, ch. 852, §§ 1-7; T.C.A., §§ 23-3401 — 23-3413, 23-3420), concerning the medical malpractice review board, were repealed by Acts 1985, ch. 184, § 4. Acts 2011, ch. 510, § 1, provided that the act shall be known and cited as the “Tennessee Civil Justice Act of 2011.” Acts 2011, ch. 510, § 24, provided that the act, which enacted this section, shall apply to all liability actions for injuries, deaths and losses covered by this act which accrue on or after October 1, 2011. Acts 2015, ch. 254, § 4 provided that the act, which added (a)(3)-(5), shall apply to causes of action arising on or after April 24, 2015. Amendments. The 2015 amendment added the definitions of “Licensee”, “Management company” and “Passive investor”. Effective Dates. Acts 2015, ch. 254, § 4. April 24, 2015. Law Reviews. Enough with the White Lie-ability: Decreasing Frivolous Health Care Liability Actions in Tennessee with Time and Transparency, 46 U. Mem. L. Rev. 503 (2015). HIPAA Violations on Social Media: Will HHS Continue to Ignore?, 45 U. Mem. L. Rev. 633 (2015). Physician-Patient Confidentiality in Health Care Liability Actions: HIPAA's Preemption of Ex Parte Interviews with Treating Physicians Through the Obstacle Test, 44 U. Mem. L. Rev. 97 (2013). The Standard of Care: The Road Not Taken-Using County Size to Determine the Standard of Care, 43 U. Mem. L. Rev. 767 (2013). Uncovering the Silent Victims of the American Medical Liability System, 67 Vand. L. Rev. 151 (2014). United States v. Caronia: How True Does “Truthful” Have to Be?, 67 Vand. L. Rev. En Banc 157 (2014). Attorney General Opinions. Doctors or pharmacists are not held harmless if a patient is addicted or becomes addicted to medication prescribed by a doctor or dispensed by a pharmacist. While doctors and pharmacists may be sued for negligently prescribing or dispensing medication to a patient who is, or becomes, addicted to that medication, the question of actual liability would depend on the specific facts of each case. OAG 16-32, 2016 Tenn. AG LEXIS 32 (8/23/2016).