Requires prior written informed consent of parent or guardian before a minor can be vaccinated

State: TN
Bill Number: HB 1380/SB 1111
Position: SUPPORT
Action Required: NONE
Status: ENACTED, SB 1111 was signed by Governor Bill Lee on 5/17/2023, effective date 5/17/2023, Chapter 477

Legislation Details:

UPDATE: 5/17/2023 - SB 1111 was signed by Governor Bill Lee and enacted on 5/17/2023, effective date 5/17/2023, Chapter 477.

UPDATE: 5/9/2023 - SB 1111 was transmitted to Governor Bill Lee for signature on 5/9/2023.

UPDATE: 4/28/2023 - SB 1111 was enrolled on 4/28/2023. View the most recent version HERE

UPDATE: 4/20/2023 - SB 1111, amended with HA0397, passed the Senate on 4/20/2023 by a vote of 28 Ayes, 5 Nays. 

UPDATE: 4/19/2023 - SB 1111 was substituted for HB 1380, which then passed the House as amended, on 4/19/2023 by a vote of 74 Ayes, 25 Nays. 

UPDATE: 4/13/2023 - SB 1111 was received in the House from the Senate.

UPDATE: 4/10/2023 - HB 1380 was recommended for passage by the House Government Operations Committee on 4/10/2023 and referred to the Calendar and Rules Committee.

UPDATE: 4/10/2023 - SB 1111 was amended with a substitution and passed the Senate by a vote of 21 Yes, 6 No. It was engrossed and made ready to transmit to the House. 

The 4/10/2023 amendment of SB1111 removed the proposed amendments to Tennessee Code Annotated, Title 63, Chapter 1, Part 1 which addressed court cases about parental consent for the medical treatment of minors.  Additionally, the provision that healthcare providers are to provide a CDC Vaccine Safety Sheet to the legal representative of the minor was removed. Like the original bill, the amended SB11:

  • prohibits healthcare providers from administering vaccinations to minors without prior written informed consent from a parent or legal guardian of the minor;
  • minors in the custody of the state must have prior written informed consent for vaccination unless the parental/guardian rights have been terminated by a court and all opportunities for appeal have been exhausted;
  • violations of these provisions are unlawful and are grounds for the offending healthcare provider's licensing authority to suspend, revoke, or refuse to renew the healthcare provider's license or take other disciplinary actions allowed by law; and
  • The Section 14-4-103 of the Tennessee Code Annotated is amended by deleting the original section and substituting: "A healthcare provider shall not provide a patient who is a minor with a COVID-19 vaccine without first obtaining written consent from the minor patient's parent or legal guardian.

If the bill passes, it would become effective immediately. 

NVIC supports the amended version of SB111.

UPDATE: 4/6/2023 - SB 1111 was placed on the Senate Regular Calendar for a floor vote on Monday, 4/10/2023.

UPDATE: 4/6/2023 - HB 1380 is scheduled for a hearing in the House Government Operations Committee on 4/10/2023 at 1:30 in House Hearing Room I. The agenda is here

UPDATE: 4/5/2023 - HB 1380 was recommended for passage by the House Health Committee. It was then referred to the House Government Operations CommitteeThe committee had a voice vote, with the Ayes prevailing. Representatives Clemmons, Hakeem, Hemmer, Jernigan, Mitchell requested to be recorded as voting No. HB 1380's companion Senate BillSB 1111, was previously amended to remove the section that requires the department establish a registry database. HB 1380 does not have the registry database language removed. Ideally, this language can be removed, while still in the House, and the two identical versions could move forward together.

UPDATE: 3/22/2023 - SB 1111

UPDATE: 3/30/2023 - HB 1380 was recommended for passage by the House Health Subcommittee. HB 1380 is on the calendar for the House Health Committee on 4/5/2023. See calendar here

UPDATE: 3/22/2023 - SB 1111 was amended and recommended for passage by the Senate Judiciary Committee on 3/22/2023 by a vote of 7 yes and 2 no. HB 1380 is on the calendar for the House Health Subcommittee for 3/28/2023. 

The amended version passed by the Senate Judiciary Committee removed the section that requires the department establish a registry database so NVIC has changed position from watch to support for SB 1111.  NVIC will continue to support as long as the database requirement stays out of the final version.  See amended SB 1111 - https://www.capitol.tn.gov/Bills/113/Amend/SA0269.pdf

UPDATE: 3/15/2023 - SB 1111 was scheduled for a hearing in the Senate Judiciary Committee on 3/21/2023 at 1:00 pm in Senate Hearing Room I. The agenda is here.

UPDATE: 3/15/2021 - HB 1380 was scheduled for a hearing in the House Health Subcommittee on 3/21/2023 at 1:30 pm in House Hearing Room IV. The agenda is here

UPDATE: 3/14/2023 - HB 1380 was taken off notice for the 3/14/2023 meeting in the House Health Subcommittee.

UPDATE: 3/9/2023 - HB 1380 was taken off notice for the calendar in the House Health Subcommittee on 2/28/2023 and is now on the calendar for 3/14/2023 at 1:30.  See calendar here. 

UPDATE: 2/23/2023 - HB 1380 is scheduled for a hearing the House Health Subcommittee on 2/28/2023. The subcommittee deferred action on HB 1380 in the 2/21/2023 hearing. 

UPDATE: 2/16/2023 - HB 1380 is scheduled for a hearing in the House Health Subcommittee on Tuesday, February 21st at 1:30 PM in House Hearing Room IV. View Agenda HERE. View hearing info and video HERE

Individuals who wish to testify before a House Committee or Subcommittee in Tennessee must email the committee chair at least 24 business hours before the hearing begins. The email must include your name, contact information, position on the bill, and a brief description of your testimony. 

House Health Subcommittee Chair: Representative David Hawk | Email: [email protected] 

UPDATE: 2/7/2023 - HB 1380 was referred to the House Health Subcommittee on 2/7/2023. 

UPDATE: 2/6/2023 - SB 1111 was referred to the Senate Judiciary Committee on 2/6/2023. 

UPDATE: 2/2/2023 - HB 1380 was referred to the House Health Committee on 2/2/2023. 

HB 1380 was introduced on 2/1/2023 and is sponsored by Representative RaganSB 1111 was introduced on 2/2/2023 and is sponsored by Senator Bowling

These bills would enact the "Mature Minor Doctrine Clarification Act."

An employee or agent of this state shall not provide, request, or facilitate the vaccination of a minor child who is in the custody of this state unless:

(A) A parent or legal guardian of the minor has provided prior written, informed consent to the vaccination; or

(B) The parental rights of each of the minor's parents or legal guardians have been terminated by a court, and all opportunities for appeal have been exhausted.

A healthcare provider shall report each vaccination of a minor to the registry created by the department of health.

A violation of this section is an unlawful practice and is grounds for the offending healthcare provider's licensing authority to suspend, revoke, or refuse to renew the healthcare provider's license or take other disciplinary action allowed by law. If the licensing authority of a healthcare provider receives information of a violation or potential violation of this section by the healthcare provider, then the licensing authority shall conduct an immediate investigation and take appropriate disciplinary action. 

The department shall establish a registry database for the reporting of vaccinations of minors by healthcare providers in this state.

NVIC supports requiring parents or legal guardians to provide written, informed consent for their minor children. NVIC cannot support a database that would gather information and put it into a state database without the written, informed consent of the parent or guardian.  

https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1380&GA=113 - text, status and history for HB 1380

https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB1111&GA=113 - text, status and history for SB 1111