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UPDATE: 5/28/2024 - SB 2749 was ENACTED. It was signed by Governor Bill Lee on 5/28/2024 with an effective date of 7/1/2024; Public Chapter 1061.
UPDATE: 5/16/2024 - SB 2749 was transmitted to the Governor on 5/16/2024.
UPDATE: 4/24/2024 - SB 2749 as amended in the House passed on 4/24/2024.
UPDATE: 4/23/2024 - SB 2749 had three Amendments withdrawn (1-HA0890), (2-HA0970), (3-HA1007), and two Amendments adopted. Amendment #4 HA1114 passed by a vote of 26 Ayes-5 Nays. Amendment #5 HA1120, passed by a vote of 25 Ayes-5 Nays. SB 2749 passed the House, as amended, by a vote of 61 Ayes-30 Nays, 4 Not Voting, on 4/23/2024. The Amendments do not change the bill's provisions for parents making medical decisions for their children, so they do not change NVIC's SUPPORT position. A complete summary of the amendment's provisions can be read HERE.
UPDATE: 4/23/2024 - SB 2749 was received by the House and substituted for HB 2936 on 4/23/2024.
UPDATE: 4/1/2024 - SB 2749 was Received from the Senate and held on the House desk on 4/1/2024.
UPDATE: 3/28/2024 - SB 2749 passed the senate as amended on 3/28/2024 by a vote of 24 Ayes-5 Nays.
UPDATE: 3/28/2024 - SB 2749 had Amendment 1 (SA0590) and Amendment 2 (SA0597) withdrawn on 3/28/2024. Amendment 3 (SA0860) was adopted on 3/28/2024. Amendment No. 3 (SA0860) deletes all language after the enacting clause and substitutes all new language. This new language is nearly identical to the originally filed bill with some added subsections that are unrelated to the provisions in the bill that NVIC supports. The provisions in the bill that NVIC supports are carried over into this new substituted bill language with Amendment No. 3, including the following sections of the bill:
SECTION 1. amends Tennessee Code Annotated, Title 36, related to domestic relations, by adding a new chapter to be numbered §36-8-103 (a) that establishes the parent's fundamental right to direct the health care of their child.
SECTION 2. amends Tennessee Code Annotated, Title 63, related to professions of the healing arts, by adding a new section to be numbered §63-1-173 (b) (2) that requires a parent's consent prior to any government entity, healthcare provider, or any other person prescribing, dispensing, delivering, or administering any drug or medication to a child.
NVIC SUPPORTS this substituted bill language in Amendment No. 3. because it supports a parent's right to refuse a vaccine their child may not want or need. NVIC does not take a position on provisions in this bill that are unrelated to vaccination. This amendment does not necessitate a title change in the NVIC Advocacy Portal.
UPDATE: 3/19/2024 - HB 2936 was recommended for passage as amended by the House Children and Family Affairs Subcommittee by a voice vote with Ayes Prevailing and Representatives Jernigan and Powell requested to be recorded as voting No.
UPDATE: 2/27/2024 - SB 2749 was recommended for passage by the Senate Judiciary Committee with amendments 1 and 2 with a vote of 6 Ayes and 2 Nays on 2/27/2024.
UPDATE: 2/7/2024 - HB 2936 was referred to the House Children and Family Affairs Subcommittee of the House Civil Justice Committee on 2/7/2024.
UPDATE: 2/5/2024 - HB 2936 was referred to the House Civil Justice Committee on 2/5/2024.
UPDATE: 2/5/2024 - SB 2749 was referred to the Senate Judiciary Committee on 2/5/2024.
HB 2936 was introduced in the House on 2/1/2024. This bill is sponsored by Representative Jeremy Faison.
SB 2749 was introduced in the Senate on 2/1/2024. This bill is sponsored by Senator Ferrell Haile.
HB 2936 and SB 2749 prohibit the government from burdening fundamental parental rights, including the right to direct a child’s health care. This bill is part of a broad Families’ Rights and Responsibilities Act. NVIC does not take a position on any provisions in this bill unrelated to vaccination.
HB 2936 and SB 2749 amends Tennessee Code Annotate, Title 36, related to domestic relations, to include a new chapter 8 to be titled, "Families' Rights and Responsibilities Act," summarized as follows:
SECTION 1. Establishes the rights of the family and provides a penalty for violations of this section.
§36-8-101 Provides the title of the chapter, "Families' Rights and Responsibilities Act."
§36-8-102 Provides definitions for this chapter, including "decision-making authority" to mean the power granted by the state to a nonparent to make important decisions regarding a child, and "government entity" to mean 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.
§36-8-103 Enumerates the rights of parents as they relate to this section of the law and prohibits government burden of these fundamental rights.
(a) Defines the liberty of a parent to the care, custody, and control of the child, including education, health care, and mental health as a fundamental right.
(b) Prohibits any government entity from burdening the fundamental rights of a parent as provided in this section, unless the government entity proves that the burden is required by a governmental interest of the highest order and is the least restrictive means of furthering that governmental interest.
(c) Provides that all parental rights are exclusively reserved to a parent of a child without any interference from a government entity, including the following:
(1) The right to raise the child as they see fit.
(2) The right to direct the child's moral or religious training.
(3) The right to make physical and mental healthcare decisions for the child and consent to those decisions on the child's behalf.
(4) The right to access and review all health and medical records of the child.
(10) The right to consent before any record of the child's biometric data can be collected, stored, or shared.
(e) Prohibits any public employee, other than law enforcement personnel, from encouraging or coercing a child to withhold information from the child's parent. This subsection also prohibits a public employee from withholding any information from a parent that is relevant to the physical, emotional, or mental health of a child.
(f) Creates a cause of action for any parent whose rights have been burdened by a government entity in violation of this section allowing them to file a claim or defense in any judicial or administrative proceeding and the prevailing parent may be entitled to recover a declaratory relief, injunctive relief, and compensation for damages, including reasonable attorney's fees.
§36-8-104 Provides rules for which this chapter must be construed, including the clause that all state law enacted after July 1, 2024 is subject to this chapter unless the law explicitly references and excludes the provisions in this chapter.
SECTION 2. Amends Tennessee Code Annotated, Title 63, Chapter 6, Part 2, related to general provisions for medicine and surgery professions, to add a new section 249 that prohibits a government entity, healthcare provider, or any other person from taking any of the following actions regarding a minor without parental consent and establishes penalties for violations, which includes:
(b)(2) prescribing, dispensing, delivering, or administering any drug or medication. This prohibition does not apply when:
(c)(1) a minor's parent has given blanket consent authorizing the person or entity to perform such activities;
(c)(2) a government entity or healthcare provider reasonably believes that an individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's health care; or
(c)(3) a licensed physician is performing emergency medical or surgical treatment pursuant to §-6-2632, (c)(4) a licensed personnel renders appropriate emergency medical care and medical services pursuant to §68-140-309; or (c)(5) a person participates or assists in rendering emergency care pursuant to §63-6-218.
(d) Establishes that a violation of this section is unlawful practice and grounds for the licensing authority to suspend, revoke, or refuse to renew the healthcare provider's license or take other disciplinary action.
(e) Requires the licensing authority to conduct an investigation and take appropriate disciplinary action immediately against a healthcare provider for potential violation of this section.
(f) Creates cause of action for a parent to file a civil suit to recover compensatory and punitive damages and court fees against the person, government entity, or healthcare provider alleged to have violated this section.
(g) Requires the court to notify the healthcare provider's regulatory board, the attorney general, and a reporter if they are found to have knowingly violated this section by mailing a certified copy of the court's order.
(h) Establishes statute of limitations for a civil action to commence of one (1) year from the date of discovery of the violation of this section.
(i) Establishes the remedial nature of this section and requires that it be liberally construed to effectuate its purpose.
If passed, HB 2936 and SB 2749 will become effective July 1, 2024, and the provisions will apply on or after that date.
NVIC SUPPORTS HB 2936 and SB 2749 because they protect the fundamental and inalienable rights of a parent to make medical decisions for their child. These bills require strict judicial scrutiny before these fundamental rights are to be restricted by the state. These bills protect a minor from being able to consent to taking a pharmaceutical product that carries a risk of injury and even death without parental consent and ensures that a parent is given access to their child's medical records. The bills do not specifically mention vaccines, but they would fall under "any drug or medication." These protections are important because a minor child may not have the ability to fully evaluate the risks and benefits associated with taking a vaccine, and they may not be aware of any contraindications to vaccination in their medical history or their family medical history. Vaccination decisions are best left to the child's parent or guardian when they are fully-informed of the potential risks associated with vaccination and can give informed consent to the procedure. NVIC supports informed consent and the parent's right to make vaccination decisions on behalf of their child. All vaccines are pharmaceutical products that carry a risk of injury or even death. NVIC does not take a position on any provisions in this bill unrelated to vaccines.
https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB2936&GA=113 - text, status, and history of HB 2936
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB2749&GA=113 - text, status, and history of SB 2749
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