Legislative Alert: February, 2001
by Louise Browning, CAE
Executive Director and Lobbyist
The 102nd Tennessee General Assembly hit the ground running on January 29, after recessing for two weeks.
The deadline for introducing bills in the Legislature was Thursday, February 15. Hundreds of bills have been introduced in which nurses will have an interest. To read any bill on the web, go to www.legislature.state.tn.us and click on “Bills.” Then on “Filed Bills Index.” This will bring up a list of House and Senate bills, and you may select from the list of numbers.
When you select a bill number, it will bring up an information page on the bill. This page will tell you where the bill currently is in the legislative process. To read the content of a bill, click on the House or Senate bill number at the top of the information page. You will see several abbreviations used on the information page. The most current action taken on the bill will be at the top of the list. Beginning at the bottom of the page, you will see Intro (introduction), P1C (passed first reading) and the date. Then you may see P2C (passed second reading), and ref. (referred) to a committee, e.g., S. Com & Labor Comm. (Senate Commerce & Labor Committee) or others. Abbreviations are listed at the end of this Alert that will help you interpret the information page.
To search for nursing issues, TennCare issues or any other topic you want to know more about, click on “Bills” and then on “Search.” You will be able to search by bill number at the top or the page or by topic further down the page. To search for nursing bills, it is better to put “ nurse, nurses” in the search engine. If you want to see all of the nursing home bills, add nursing to that search, but it will give you a large number of bills to read, so be prepared. Spend some time exploring this website and you will soon become an expert in finding your way around. There is a wealth of information here, including more about the following bills of importance.
TennCare
SB1254 by Cooper/HB1172by McDaniel creates a policy committee to oversee and make recommendations regarding the administration of the TennCare program or any successor to the TennCare Program. This bill calls for an advisory committee composed of 15 members to provide independent advice to the legislative and executive branches on the direction, purpose and goal of TennCare. The advisory committee will include one member recommended by the Tennessee Nurses Association. Two of TNA’s top legislative priorities are TennCare issues and increasing the number of RNs who are appointed to policy-making boards and commissions. Lobbying for passage of this bill will be a priority. Read the entire bill and talk to your legislators now.
SB224 by Kurita/HB271by Williams amends Title 56 and Title 71, relative to managed care organizations participating in the TennCare program. This bill will require MCOs in TennCare to have appropriate staff available 24 hours a day 7 days a week to provide precertifications or authorizations necessary for rendering medical care to a TennCare enrollee.
SB4 by McNally/HB153 by Caldwell will require the bureau of TennCare to accept a pre-admission evaluation form required for admission to a nursing facility that is transmitted by fax regardless of the length of the form.
Advanced Practice
SB1823 by Cooper/HB1794 by Black is TNA’s bill that will elevate the professional status of registered nurses in advanced practice, giving them title protection in the law. The bill defines the “advanced practice registered nurse (APRN) and lists the four specialties—nurse practitioners, nurse anesthetists, nurse midwives, and clinical nurse specialists. It removes language in 63-7-123 that states, “any prescription written and signed, and/or any drug issued by a nurse practitioner shall be deemed to be that of the physician under whose supervision, and control the nurse practitioner is prescribing” and would delete the requirement to sign the supervising physician’s name to every prescription. The bill removes the requirement for a certificate of fitness to prescribe and replaces it with the requirement for a certificate from the board of nursing to practice as an APRN. Read the bill now and talk to your legislators on the Health Committee in the House and the General Welfare Committee in the Senate.
SB1236 by Cooper/HB1254 by Cole is TNA’s nondiscrimination in managed care bill that passed the House in 1999 and remained stuck in the Senate Commerce Committee throughout 2000 due to a moratorium on any new managed care legislation. The moratorium ended this year, and the chair of the Commerce Committee is sponsoring the Senate bill. Rep. Cole is again sponsoring the House bill. This bill will prevent managed care organizations from discriminating against advanced practice registered nurses as a class of providers. It is not an any willing provider bill. It is not too early to talk to members of the Commerce Committees in both houses. Go to www.legislature.state.tn.us and select “Senate”, then “Committees” and read the list of members on the Senate Commerce, Labor and Agriculture Committee. Also, look at the members of the House Commerce Committee and begin to talk to your Senator or Representative who may serve on these committees. The chair of the House Commerce Committee will first refer this bill to the Industrial Impact Subcommittee (lovingly called the Sudden Impact Sub by the lobbyists). This is where many bills get left behind and it is time now to talk to the members of this committee. Subcommittee lists can be found on the same page as full committees on the legislative website.
Workforce Planning & Development
SB1762 by Kurita/HB1795 by Odom is TNA’s bill that authorizes the board of nursing to enter into grants, agreements, scholarships or other arrangements with statewide nonprofit agencies or state agencies to evaluate and guide the development of the education, distribution, and availability of the nursing workforce.
Maternal/Child Health
SB1040 by Ramsey/HB585 by Arriola requires testing for the glucose level of infants by any physician, nurse, emergency medical technician, or midwife, who assists and is in charge at the birth of any infant, or has care of the same after the birth.
SB678 by Ford/HB1248 by White authorizes an emergency medical services provider to take possession of abandoned children who are 72 hours old or younger if the child is voluntarily delivered to the provider by the child’s parent and the parent did not express an intent to return for the child. Emergency medical services providers are defined in the bill and do not include nurses unless such individual voluntarily assumes responsibility for the custody of the child.
SB1007 by Dixon/HB1743 by Armstrong creates a program to enhance immunization rates among Tennessee’s children. The program will involve outreach efforts to build public awareness and to maximize immunization rates through mandatory outreach efforts at local health departments, health care providers, local education agencies, child care agencies and programs administered by the department of human services.
School Health
SB382 by Dixon/HB701 by Cooper enacts a provision for the department of health, by means of a grant entered into with a appropriate community organization, and in conjunction with the Tennessee public school nurse program, to establish and oversee a dental screening pilot program for inner-city, economically disadvantaged elementary school students in urban and rural counties of the state. Volunteers and school nurses shall assist the partner and guardian in ensuring the child receives basis oral care dental visits.
AIDS Centers of Excellence
SB681 by Ford/HB1633 by Bowers creates the AIDS Centers of Excellence consisting of a coordinated network of clinics and private practices across Tennessee to provide a comprehensive approach to AIDS and HIV treatment. The commissioner of health will establish an AIDS Centers of Excellence advisory committee to advise the department of health in the designation of AIDS Centers, provide quality assurance, monitoring for the centers, and establishment and review of policies for continuation of the AIDS Centers. Composition of the advisory committee will include a nurse who is actively involved in the delivery of HIV/AIDS care.
Pronouncement of Death
SB521 by Henry/ HB257 by Garrett authorizes registered nurses to pronounce death if employed by a nursing home under certain circumstances.
SB778 by Henry/HB503 by Garrett authorizes registered nurses to pronounce death if employed by a nursing home or a hospital under certain circumstances.
Women’s Health
SB1058 by Burks/HB535 by L. DeBerry mandates insurance coverage for CA-125 blood tests for ovarian cancer subject to applicable copayments, coinsurance and deductibles.
Unusual Incidents Reporting
SB319 by McNally/HB1609 by Hargett requires that all unusual incidents be recorded and investigated by hospitals and ambulatory surgical treatment centers in which the incident occurred. Reports are to be filed with the department of health within 10 days after the facility staff learns of the incident. A follow-up report and evidence of any actions by the facility to prevent a reoccurrence of the incident will be forwarded to the department within 45 days. The original report of the incident, investigation and documents shall be retained by the facility and shall be considered privileged and nondiscoverable.
There are many other bills that will be of interest to you. You will discover some of these as you become familiar with the legislative website. And, we will add to this list as often as possible. Here are the abbreviations promised above that will help you understand the path of the bills found on the information pages.
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