2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 1 (§§ 52-1-101 — 52-1-107) › Part 1 - GENERAL PROVISIONS (§§ 52-1-101 — 52-1-107) › Section 52-1-101 - Title definitions

As used in this title, unless the context otherwise requires:
(1)
"Available suitable accommodations" or "suitable available accommodations" means a state-owned or -operated treatment resource that has the capacity, as reasonably determined by the commissioner, and the medical capability, equipment, and staffing to provide an appropriate level of care, treatment, and physical security to an individual in an unoccupied and unassigned bed;
(2)
"Child" means a person who is under eighteen (18) years of age;
(3)
"Commissioner" means the commissioner of disability and aging;
(4)
"Department" means the department of disability and aging;
(5)
"Developmental disability":
(A)
In a person over five (5) years of age, means a severe, chronic disability of an individual that:
(i)
Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(ii)
Manifested before twenty-two (22) years of age;
(iii)
Is likely to continue indefinitely;
(iv)
Results in substantial functional limitations in three (3) or more of the following major life activities:
a
Self-care;
b
Receptive and expressive language;
c
Learning;
d
Mobility;
e
Self-direction;
f
Capacity for independent living; or
g
Economic self-sufficiency; and
(v)
Reflects the person's need for a combination and sequence of special interdisciplinary or generic services, supports, or other assistance that is likely to continue indefinitely and needs to be individually planned and coordinated; and
(B)
In a person up to five (5) years of age, means a condition of substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in a developmental disability as defined in subdivision (5)(A) if services and supports are not provided;
(6)
"Facility" means a treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides an intellectual or developmental disability service;
(7)
"Indigent person" means a person:
(A)
Who is supported and whose resources, including property, assets, and income, are insufficient, under chapter 2, part 9 of this title, to pay for the cost of providing services and supports; and
(B)
Who does not have a responsible relative or other legally responsible person who is able to pay for the cost of providing the services and supports;
(8)
"Intellectual disability" means, for the purposes of the general functions of the department as set forth in § 4-3-2701 (b), substantial limitations in functioning:
(A)
As shown by significantly sub-average intellectual functioning that exists concurrently with related limitations in two (2) or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work; and
(B)
That are manifested before eighteen (18) years of age;
(9)
"Licensed physician" means a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M.D.) and who is duly licensed in this state, or an osteopathic physician who is a graduate of a recognized osteopathic college authorized to confer the degree of doctor of osteopathy (D.O.) and who is licensed to practice osteopathic medicine in this state;
(10)
"Medical capability" means that a state-owned or -operated hospital or treatment resource has the ability to treat an individual's medical needs onsite or that the individual's medical needs do not exceed the onsite capability of the state-owned or -operated hospital or treatment resource to treat;
(11)
"Mental illness" means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include an intellectual disability or other developmental disability;
(12)
"Older person" or "older adult" means an individual who is sixty (60) years of age or older;
(13)
"Person supported" means a person who is an individual who qualifies or may qualify for programs or supports through the department;
(14)
"Qualified mental health professional" means a person who is licensed in this state, if required for the profession, and who is a psychiatrist; physician with expertise in psychiatry as determined by training, education, or experience; psychologist with health service provider designation; psychological examiner or senior psychological examiner; licensed master's social worker with two (2) years of mental health experience or licensed clinical social worker; marital and family therapist; nurse with a master's degree in nursing who functions as a psychiatric nurse; professional counselor; or, if the person is providing service to persons supported who are children, any of the above educational credentials plus mental health experience with children;
(15)
"Responsible relative" means the parent of an unemancipated child with an intellectual or developmental disability who is receiving service in programs of the department or any relative who accepts financial responsibility for the care and service of a person supported;
(16)
"Support" means any activity or resource that enables a person supported to participate in a service or program through the department; and
(17)
"Treatment resource" means any public or private facility, service, or program providing treatment or rehabilitation services for persons supported.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.