Definitions

(1) “Abuse” means willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish. Abuse also includes the deprivation by an individual of goods or services that are necessary to attain or maintain physical, mental, and psychosocial well-being. Instances of abuse of all residents, irrespective of any mental or physical condition, cause physical harm, pain or mental anguish. It includes verbal abuse, sexual abuse, physical abuse, and mental abuse including abuse facilitated or enabled through the use of technology. (2) “Advisory group” means a group convened by the state agency composed of persons with experience in the subject matter areas of the agency’s work, or who by experience or education the agency determines are qualified to provide recommendations to the agency regarding a person’s likelihood of committing further acts or omissions that led to the person’s placement on the Registry. (3) “Commission” means the Tennessee Health Facilities Commission. (4) “Criminal disposition” means the disposition of criminal charges constituting an offense against a vulnerable person, either by conviction, or by pretrial diversion authorized by any court pursuant to Tennessee Code Annotated, T.C.A. Title 40, Chapter 15, or by an order deferring further proceedings and placing an individual on probation by post-trial diversion issued pursuant to T.C.A. Title 40, Chapter 35. (5) “Court” means any state or federal court. (6) “Designee” means the designee of the Executive Director of the Tennessee Health Facilities Commission. (7) “Executive Director” means the Executive Director of the Health Facilities Commission. (8) “Exploitation” means, in cases that are investigated by the Department of Human Services, the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult. (9) “Facility” means any facility licensed by the Tennessee Health Facilities Commission under T.C.A. Title 68, Chapter 11, Part 2. (10) “Misappropriation” means any taking, possession, or use of the property of a vulnerable person the elements of which constitute any criminal offense involving such property, or that constitute a violation of a fiduciary duty of a caretaker of a vulnerable person. (11) “Neglect” means the failure to provide goods and services necessary to avoid physical harm, mental anguish or mental illness. (12) “Offense against a vulnerable person” means any act that constitutes abuse, neglect, misappropriation or exploitation of the property of a vulnerable person even if the act does REGISTRY OF PERSONS WHO HAVE ABUSED, CHAPTER 0720-39 NEGLECTED, MISAPPROPRIATED, OR EXPLOITED THE PROPERTY OF VULNERABLE INDIVIDUALS not constitute a criminal act, or a crime the elements of which constitute abuse, neglect, or misappropriation or exploitation of the property of a vulnerable person. (13) “Person” or “individual” means: (a) Any individual eighteen (18) years of age or older, or (b) Any individual younger than eighteen (18) years of age: 1. Who has been treated as an adult in a criminal court of competent jurisdiction, pursuant to T.C.A. Title 37, Chapter 1, Part 1, or 2. Whose placement on the Registry is otherwise required by law. (c) However, the terms “vulnerable person” or “vulnerable individual” shall have the meaning set forth in 0720-39-.02(19). (14) “Petitioner” means an individual seeking removal from the Registry. (15) “Property” means any interests of any type in real property, and all interests of any type in personal property whether in moneys or financial instruments of any type, goods, furnishings, and similar property. In those cases investigated by the Department of Human Services pursuant to Title 71, Chapter 5, part 1, property shall only consist of funds paid by a governmental agency to an “adult” as defined in T.C.A. § 71-6-102. (16) “Referral” means notification made to the Commission by any State Government Agency that finds that an individual has committed abuse, neglect, misappropriation, or exploitation of the property of a vulnerable person, pursuant to that State Government Agency’s procedures and definitions. (17) “Registry” means the Registry maintained by the Commission pursuant to T.C.A. Title 68, Chapter 11, Part 10, containing the names of any persons who, after receiving notice and opportunity to be heard, have been determined by Tennessee State Government Agencies or any state or federal court to have abused, neglected, misappropriated, or exploited the property of vulnerable persons (18) “State Government Agency” means an agency of Tennessee state government and its successor agency and includes but is not limited to: (a) The Department of Disability and Aging; (b) The Department of Mental Health and Substance Abuse Services; (c) The Department of Human Services, Adult Protective Services Division; (d) The Department of Children’s Services; (e) The Department of Health; (f) The Department of Education; (g) The Tennessee Bureau of Investigation; and (h) The Division of TennCare; REGISTRY OF PERSONS WHO HAVE ABUSED, CHAPTER 0720-39 NEGLECTED, MISAPPROPRIATED, OR EXPLOITED THE PROPERTY OF VULNERABLE INDIVIDUALS (i) The Tennessee Health Facilities Commission. (19) “Vulnerable person”, or “vulnerable individual,” means anyone who: (a) Is under eighteen (18) years of age; or (b) Is (18) years of age or older and, by reason of advanced age or other physical or mental condition, is vulnerable to or has been determined to have suffered from abuse, neglect, or misappropriation or exploitation of property and is or has been: 1. The subject of any report of harm, abuse, neglect, or exploitation of property made to any State Government Agency or investigative authority with responsibility to investigate those reports pursuant to T.C.A. Title 37, Chapter 1, Parts 1 or 6, or T.C.A. Title 71, Chapter 6, Part 1, or pursuant to any other law or regulation; 2. Receiving protective services from a State Government Agency pursuant to law; 3. The victim of any criminal offense that constitutes abuse, neglect, or misappropriation or exploitation of property; 4. In the care of either a State Government Agency, an entity that is licensed or regulated by a State Government Agency, or in the care of an entity providing services under the provisions of a contract between that entity and a State Government Agency; or 5. Receiving services in the person’s home from any agency licensed or regulated by or contracted to a State Government Agency, including, but not limited to home and community-based services, home health care, or other health care- related services provided through state or federal funds to assist persons to remain in their homes. (20) “Willful” means the individual must have acted deliberately, not that the individual must have intended to inflict injury or harm.