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UPDATE: 4/29/2022 - HB 1871 was returned from the governor without his signature on 4/29/2022. The bill was not vetoed, so it will go into effect on 4/30/2022, Public Act 930. See https://www.capitol.tn.gov/about/billtolaw.html for details on governor's actions.
The final enacted version, Public Chapter 930, of the bill prohibits a governmental entity, local education agency, or school from adopting or enforcing a statute, ordinance, rule, policy, or practice arising from COVID-19 that fails to recognize natural immunity as providing a level of immune protection that is at least as protective as a COVID-19 vaccine or treats individuals with natural immunity differently than individuals who have received the COVID-19 vaccine.
It also prohibits a private business from adopting or enforcing a rule, policy, procedure, or practice arising from COVID-19 that fails to recognize natural immunity as providing a level of immune protection that is at least as protective as a COVID-19 vaccine treats individuals with natural immunity differently than individuals who have received the COVID-19 vaccine.
"Natural immunity" means an acquired specific immune system response to the SARS-CoV-2 virus that is:
(A) Acquired naturally as a result of an individual's prior infection with SARS-CoV-2 virus; and
(B) Verified by: (i) A letter from a licensed physician; or (ii) Documentation of a laboratory test showing antibody, memory cell, or T cell immunity
Government entity is defined in the current law that this new law was added to as:
(8) "Governmental entity":
(A) Means a state department, agency, or political subdivision, including a city, town, municipality, metropolitan government, county, utility district, public building authority, housing authority, emergency communications district, county board of health, a development district created and existing pursuant to the laws of this state, or an instrumentality of government created by one (1) or more local governmental entities;
(B) Does not include a school or LEA, as defined in § 49-1-103;
(C) Does not include an airport authority;
(D) Does not include a Medicare or Medicaid certified provider, but only to the extent such provider is subject to a valid and enforceable Medicare or Medicaid condition of participation that imposes a requirement contrary to this title, except a person in a position covered by the definition of emergency medical services personnel in § 68-140-302;
(E) Does not include an entity operating on property owned, managed, or secured by the federal government, but only to the extent such entity is subject to a valid and enforceable federal requirement contrary to this title;
(F) Does not include a healthcare provider enrolled in Medicare or Medicaid that is subject to fines or penalties for nonadherence to federal rules and regulations, but only to the extent such provider is subject to a valid and enforceable Medicare or Medicaid requirement contrary to this title; and
(G) Does not include an assisted-care living facility, a home for the aged, a nursing home, or a residential hospice, as those terms are defined in § 68-11-201;
UPDATE: 4/19/2022 - HB 1871 was transmitted to the Governor.
UPDATE: 4/11/2022 - House voted to concur (75-20) with Senate amendments to HB 1871.
UPDATE: 4/8/2022 - HB 1871 placed on Message Calendar for 4/11/2022.
UPDATE: 4/4/2022 - HB 1871 placed on Message Calendar for 4/7/2022. In Tennessee, Message Calendars are used for bills which have passed both chambers but remain unsettled because there has been no uniform agreement on the final language.
UPDATE: 3/31/2022 - HB 1871 was substituted for SB 1982 in the Senate. The Senate passed HB 1871 in a 26-5 vote with the same two amendments that had been added to SB 1982 in Committee.
These amendments (1) change the term "natural immunity" to "acquired immunity," and (2) require individuals to provide proof of natural/acquired immunity by presenting either a letter from a physician or a laboratory test.
Video of HB 1871 substitution and passage (click on SB 1982 on index under video): https://tnga.granicus.com/MediaPlayer.php?view_id=610&clip_id=26783
UPDATE: 3/30/2022 - SB 1982 is on the Senate Regular Calendar for 3/31/2022.
UPDATE: 3/23/2022 - SB 1982 passed the Senate Health and Welfare Committee with amendments.
These amendments (1) change the term "natural immunity" to "acquired immunity," and (2) require individuals to provide proof of natural/acquired immunity by presenting either a letter from a physician or a laboratory test.
UPDATE: 3/21/2022 - HB 1871 passed the House in a 66-20 vote with the natural immunity amendment described below:
The amendment changes the definition of natural immunity in the bill to include a letter from a licensed physician or documentation of an antibody test to certify an individual's prior infection with COVID-19. NVIC Advocacy does not agree with this amendment. It discriminates against people with naturally acquired immunity who did not go to a health care provider or get antibody tested. Most early cases of COVID-19 were not verified by a physician. Also, the antibody tests are not even fully FDA approved. Contact members of the House Commerce Committee and ask them to pass the bill as it is written and reject the amendment that further restricts who can qualify for being recognized as having natural immunity.
Previously, the bill simply defined natural immunity as immune system resistance acquired as a result of an individual's prior infection with COVID-19. Because of the change, NVIC Advocacy has moved from a "Support" to a "Watch" position on this bill.
UPDATE: 3/17/2022 - HB 1871 is on the House Regular Calendar for 3/21/2022.
UPDATE: 3/17/2022 - SB 1982 is scheduled for a hearing in the Senate Health and Welfare Committee on Wednesday, March 23rd at 10:00 AM in Senate Hearing Room I. Agenda - https://www.capitol.tn.gov/Bills/112/ScheduleDocs/12319a4e-3222-41b0-998c-4f106137c5c6.pdf
UPDATE: 3/15/2022 - HB 1871 passed the House Commerce Committee.
UPDATE: 3/10/2022 - HB 1871 is scheduled for a hearing in the House Commerce Committee on Tuesday, March 15th at 10:30 AM in House Hearing Room I. Agenda - https://wapp.capitol.tn.gov/apps/videocalendars/VideoCalendarOrders.aspx?CalendarID=29727&GA=112
UPDATE: 3/9/2022 - HB 1871: The House Health Committee recommended passing HB 1871 if amended, and referred the bill to the House Commerce Committee. The suggested amendment would change the definition of natural immunity in the bill to include a letter from a licensed physician or documentation of an antibody test to certify an individual's prior infection with COVID-19. NVIC Advocacy does not agree with this amendment. It discriminates against people with naturally acquired immunity who did not go to a health care provider or get antibody tested. Most early cases of COVID-19 were not verified by a physician. Also, the antibody tests are not even fully FDA approved. Contact members of the House Commerce Committee and ask them to pass the bill as it is written and reject the amendment that further restricts who can qualify for being recognized as having natural immunity.
Currently, the bill simply defines natural immunity as immune system resistance acquired as a result of an individual's prior infection with COVID-19.
UPDATE: 3/11/2022 - SB 1982: The Senate Health and Welfare Committee deferred taking action on SB 1982 to the next calendar, which has not yet been set. There is no amendment for SB 1982, unlike for HB 1871 (see above).
UPDATE: 3/4/2022 - SB 1982 is scheduled for a hearing in the Senate Health and Welfare Committee on Wednesday, March 9th at 3:00 PM in Senate Hearing Room I. - Agenda - https://www.capitol.tn.gov/Bills/112/ScheduleDocs/a895d4ca-36e1-4a06-bc32-a347b1cfa43a.pdf
UPDATE: 3/3/2022 - HB 1871 is scheduled for a hearing House Health Committee on Wednesday, March 9th at 2:00 PM in House Hearing Room I. Agenda - https://wapp.capitol.tn.gov/apps/videocalendars/VideoCalendarOrders.aspx?CalendarID=29644&GA=112
UPDATE: 2/24/2022 - HB 1871 is scheduled for a hearing House Health Subcommittee on Tuesday, March 1st, at 12:00 PM in House Hearing Room II. Agenda - https://wapp.capitol.tn.gov/apps/videocalendars/VideoCalendarOrders.aspx?CalendarID=29559&GA=112
DEFERRED TO MARCH 1ST: UPDATE: 2/17/2022 - HB 1871 scheduled for hearing in House Health Subcommittee on 2/22/2022 at 12:00 PM in House Hearing Room II. Agenda - https://wapp.capitol.tn.gov/apps/videocalendars/VideoCalendarOrders.aspx?CalendarID=29519&GA=112
UPDATE: 1/29/2022 - HB 1871 assigned to House Health Subcommittee on 1/26/2022. SB 1982 was introduced on 1/27/2022 and is sponsored by Senator Hensley.
HB 1871 was introduced on 1/24/2022 and is sponsored by Rep. Hulsey.
These bills would enact the following:
SECTION 2. Tennessee Code Annotated, Title 14, Chapter 2, Part 1, is amended by adding the following as a new section:
(a) A governmental entity, local education agency, or school shall not adopt or enforce a statute, ordinance, rule, policy, or practice arising from COVID-19 that:
(1) Fails to recognize natural immunity as providing a level of immune protection that is at least as protective as a COVID-19 vaccine; or
(2) Treats individuals with natural immunity differently than individuals who have received the COVID-19 vaccine.
(b) A private business shall not adopt or enforce a rule, policy, procedure, or practice arising from COVID-19 that:
(1) Fails to recognize natural immunity as providing a level of immune protection that is at least as protective as a COVID-19 vaccine; or
(2) Treats individuals with natural immunity differently than individuals who have received the COVID-19 vaccine.
https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB1871&GA=112 - text, status and history for HB 1871
https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB1982&GA=112 - text, status and history for SB 1982
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