Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(a) As used in this section:
(1) “Coercion” means the same as defined in § 39-11-106;
(2) “Healthcare professional” means an individual, establishment, or facility licensed, registered, certified, or permitted to provide health care to individuals in this state pursuant to title 63 or 68 and under the regulatory authority of:
(A) The department of health;
(B) An agency, board, council, or committee attached to the department of health; or
(C) The health facilities commission;
(3) “Medical procedure”:
(A) Means:
(i) Surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being; or
(ii) Prescribing, administering, or dispensing any puberty blocker or hormone to a human being; and
(B) Does not include therapies to treat a minor's congenital defect, precocious puberty, disease, or physical injury;
(4) “Minor” means an individual under eighteen (18) years of age;
(5) “Person” means an individual eighteen (18) years of age or older; and
(6) “Sex” means a person's immutable characteristics of the reproductive system that define the individual as male or female, as determined by anatomy and genetics existing at the time of birth.
(b) A person may bring a civil action to recover compensatory damages, punitive damages, and reasonable attorney fees, court costs, and expenses against a healthcare professional for an injury that is a result of a medical procedure, if:
(1) The medical procedure was for the purpose of enabling the person to identify with, or live as, a purported identity inconsistent with the person's sex or treating purported discomfort or distress from a discordance between the person's sex and asserted identity; and
(2) The person consented, or if the person was a minor at the time of the medical procedure, the person's parent, guardian, or legal representative consented, in whole or in part, due to an act of coercion by the healthcare professional.
(c) A civil action brought pursuant to subsection (b) must be brought, notwithstanding §§ 28-3-104 and 29-26-116, no later than eighteen (18) years after the later of:
(1) The date the medical procedure occurred; or
(2) If the medical procedure occurs on or after the effective date of this act, then notwithstanding §§ 28-3-104 and 29-26-116, an action commenced under this section must be brought:
(A) Within thirty (30) years from the date the minor reaches eighteen (18) years of age; or
(B) Within ten (10) years of the minor's death if the minor dies.
Cite this article: FindLaw.com - Tennessee Code Title 29. Remedies and Special Proceedings § 29-26-123 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-29-remedies-and-special-proceedings/tn-code-sect-29-26-123/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)