2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-203 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Claimant" means any of the following:
(A)
The victim;
(B)
The parents of the victim where the victim is still a minor;
(C)
The legal guardian of the victim if the victim is not competent to assert such victim's legal rights; or
(D)
The spouse of the victim where the sexual misconduct occurred while the spouse and the victim were married;
(2)
"Deception" means the representation that sexual actions are part of or consistent with the patient's treatment by the therapist;
(3)
"Emotionally dependent" means that the patient's emotional condition is such that the therapist knows or has reason to know that the patient is not competent to give consent to sexual advances due to the relationship which the therapist and patient have developed in the course of treatment by the therapist;
(4)
"Employer" means any person or entity that employs any therapist for the purpose of providing therapy;
(5)
"Patient" means a person who has obtained therapy from a therapist. For purposes of this part, "patient" encompasses both current and former patients of a therapist;
(6)
"Sexual behavior" means sexual activity of the victim other than the sexual act or acts at issue in the case;
(7)
(A)
"Sexual misconduct" means any of the following, regardless of the consent of the patient:
(i)
Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification;
(ii)
Any intrusion into an opening of the therapist's body by any part of the patient's body, or an object used by the patient to effect an intrusion for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence;
(iii)
Touching of the patient's body by the therapist for the purpose of sexual arousal or gratification; or
(iv)
Touching of the therapist's body by the patient for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence;
(B)
Sexual misconduct includes attempts by the therapist to engage in the conduct described in subdivisions (7)(A)(i) - (iv), inclusive; and
(C)
Conduct which is part of standard medical treatment shall not constitute sexual misconduct if the therapist is legally permitted and qualified to perform such medical treatment;
(8)
"Therapist" means any person who performs therapy regardless of whether the person is licensed by the state; and
(9)
"Therapy" means action by a person who represents that the person is and does practice the professional treatment, assessment, or counseling of a mental or emotional disorder, illness, condition or symptom. "Therapy" includes, but is not limited to, marital counseling, substance abuse treatment, and family counseling. Therapy begins the first time the patient seeks the therapist's assistance as a therapist. "Therapy" includes services provided without charge if they otherwise meet the definition.
Acts 1995, ch. 463, § 3.