Legislative: Current Bills of Interest

TNAAP Legislative Report / Bills of Interest 2009

By Theo Morrison, TNAAP Lobbyist

Your Tennessee Chapter of the American Academy of Pediatrics continues to maintain an active presence on Capitol Hill monitoring the legislative activities of the recently completed first half of the 106th Tennessee General Assembly. This year’s legislation was often referred to as focused on “guns, gays, and abortion,” as they also struggled with the budget and economic landscape.

As a result of the 2008 state elections, Senate Republicans have a 19-14 advantage over the Democrats and also have majority representation on all standing committees. In the House, Republicans hold a 50-49 majority and now chair seven of the standing committees while Democrats hold six chairs. The power split gave new House Speaker Kent Williams, excommunicated by his own Republican party, considerable leverage.

In every committee but two, membership was split exactly 50-50 between the parties. Previously, House committees were structured so that one party had voting control. Now, nearly every issue faces a potential tie in subcommittee or in full committee. Speaker Williams, as an ex-officio member of all committees, has the power to cast a deciding vote in any committee he chooses to attend. As an example, Speaker Williams utilized his new power to cast the deciding vote in favor of legislation sponsored by Rep. Tony Shipley (R-Kingsport) to require doctors and hospitals treating minor children to release to the child’s parents within twenty-four hours the results of medical tests and procedures performed on the child. Ultimately, a $6.5 million fiscal note reflecting a potential loss in Title X federal family planning funds stalled this bill.

Bills of Interest

Insurance Benefits for Autism Spectrum Disorder

Swiftly labeled by the insurance industry as mandate bills, legislators introduced at least four bills on this subject. The shared intent of these bills require insurance policies to provide benefits for neurological disorders for individuals diagnosed with autism spectrum disorder at age eight or younger. The coverage for behavioral therapy would be an annual maximum benefit of $50,000, adjusted annually to reflect changes in the consumer price index.

Status: At the request of the insurance industry, led by Blue Cross/Blue Shield, all mandate bills were placed on a special mandate calendar where they were all deferred by committee action until 2010.

Pneumococcal Conjugate Vaccine
SB 0004 by *McNally (HB 0247 by *Lynn)

Public Health - As introduced, requires the commissioner of health to require children under the age of 24 months enrolled or enrolling in a child care facility to receive the pneumococcal conjugate vaccine. This legislation was introduced at the request of Wyeth Pharmaceuticals. It follows on the heels of similar language brought last year directed at the TN Dept of Health urging expedient issuance and implementation of rules relative to the administration of the vaccine and other vaccines.

Status: The Department of Health issued rules on March 27, 2009 with various effective dates, the earliest being July 1, 2010. Briefly, Rule Number 1200-14-01-.29: Immunization Against Certain Diseases Prior to School Attendance in Tennessee requires every nursery school, day care center, Head Start center, Kindergarten, or other pre-school, day care or grades Kindergarten through twelve of any public, private, or church related school obtain proof of adequate immunization against diphtheria, measles, pertussis, poliomyelitis, rubella, mumps, hepatitis B and tetanus prior to admitting a child.

Prohibition on Smoking in Cars in Presence of Children

Legislation in draft form creates probable cause for a violation of the law solely upon a law enforcement officer’s clear and unobstructed view of a person smoking in the presence of a child, even if the windows are open. However, no citation or warrant for arrest can be issued unless a person is stopped by a law enforcement officer for a separate violation of law and is issued a citation or warrant for arrest for the separate violation of law.

Status: Deferred until 2010.

Guns Gone Wild!

Legislators introduced 147 bills related to privacy of gun permit holders and where individuals can carry concealed weapons/guns.

Status: Tennesseans with gun carry permits may now carry their firearms into establishments that serve alcohol. Following an override of the Governor’s veto, a group of Nashville-area restaurant owners has sought a court injunction on implementation of the state law. Guns are also now allowed in our parks.

Release of Medical Test Results of Child to Parent
(SB 2089 by Beavers / HB 1762 by Shipley)

As introduced, requires the physician or hospital to provide the parent or guardian a copy of the written results of any medical test or procedure performed on the minor child within 24 hours of receiving a written request from the parent or guardian. If the bill had passed, the Department of Health faced possible loss of $6.5M in federal grant funds for non-compliance with Title X family planning regulations.

Status: Legislation failed in Senate Health & General Welfare Committee and remains stalled in House Budget Subcommittee. Bill sponsor may revive legislation in 2010.

Menu Labeling Advocates Pull Plug on 2009 Effort;
Governor Vetoes Industry Efforts to Preempt State and Local Menu Labeling Initiatives
(SB 2314 by Kyle / HB 2319 by Turner M)

The General Assembly deferred legislation introduced on behalf of Governor Bredesen and the Tennessee Department Health to require full disclosure of the total number calories per serving as usually prepared and offered for sale on all restaurant menus. At the request of the Bredesen Administration, TNAAP joined the coalition on menu labeling – over 20 other groups involved in this effort.

Status: Deferred until 2010.

Meanwhile, McDonald’s and TN Restaurant Association/Hospitality Assn all voiced opposition to the bill and filed preemption bills, citing pending federal legislation.

Day on the Hill Visits

TNAAP encourages Pediatricians to become involved in the legislative process by visiting their legislators on Capitol Hill. Be on the lookout for announcements for dates and times for TNAAP Day on the Hill Visits!

If you need further information on any of the bills mentioned in this section, please visit: www.capitol.tn.gov
For further information on the rules mentioned in this section, please visit: www.state.tn.us/sos