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Current as of January 02, 2024 | Updated by Findlaw Staff
As used in this part:
(1) “Conscience”:
(A) Means the sincerely held ethical, moral, or religious beliefs or principles held by a healthcare provider; and
(B) With respect to institutional entities or corporate bodies, is determined by reference to that entity's or body's governing documents, including ethical, moral, or religious guidelines, directives, mission statements, constitutions, articles of incorporation, bylaws, policies, or regulations;
(2) “Discriminatory action”:
(A) Means an adverse action taken against, or a threat of adverse action communicated to, a healthcare provider as a result of the healthcare provider exercising a right protected in this part;
(B) Includes any penalty or disciplinary or retaliatory action, whether executed or threatened; and
(C) Does not include:
(i) The negotiation or purchase of, or the refusal to use or purchase, insurance or healthcare procedures, treatments, or services by an individual or non-government entity; or
(ii) Good faith efforts to accommodate conscientious objections of a healthcare provider;
(3) “Government entity” means any branch, department, agency, commission, or instrumentality of state government; any official or other person acting under color of state law; or any political subdivision of the state;
(4) “Healthcare institution” means any organization, corporation, partnership, association, agency, network, sole proprietorship, joint venture, or other entity that provides healthcare procedures, treatments, or services;
(5) “Healthcare payer”:
(A) Means any employer, health plan, health maintenance organization, insurance company, management services organization, or other entity that pays for any healthcare procedure, treatment, or service provided to a patient or client; and
(B) Includes an entity that contracts for, arranges for payment of, reimburses, or remunerates such payments, whether payment is made in whole or in part;
(6) “Healthcare procedures, treatments, or services”:
(A) Mean medical research or healthcare provided to a patient or client at any time over the course of treatment; and
(B) Include testing; diagnosis; record-making; referral; prescribing, dispensing, or administering any drug, medication, or device; therapy or counseling; and preparation or arrangement for a surgical procedure;
(7) “Healthcare professional” means a person who participates in any way in a healthcare procedure, treatment, or service;
(8) “Healthcare provider” means a healthcare professional, healthcare institution, or healthcare payer; and
(9) “Participate” means to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing any healthcare procedure, treatment, or service.
Cite this article: FindLaw.com - Tennessee Code Title 63. Professions of the Healing Arts § 63-1-902 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-63-professions-of-the-healing-arts/tn-code-sect-63-1-902/
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.
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