Government Affairs
Legislative Update, June 15, 2007
by Wilhelmina Davis, TNA LobbyistThe General Assembly concluded its business for this year on Tuesday, June 12, 2007 and adjourned until January 8, 2008. While not all bills introduced this year were considered, listed below is a brief summary of bills TNA worked on.
SB 0435*Harper/HB 0512 Kernell — Sunsets the board of nursing on June 30, 2010. Enacted as Public Chapter 0327 (effective 06/04/2007).
SB 1411*Herron/HB 1526 Odom – This bill seeks to do the same as legislation introduced last year by exempting online nursing diploma programs in existence before January 1, 2007, and approved by an out-of-state board of nursing and accredited by the National League for Nursing Accrediting Commission. Again this year, TNA opposed this bill and it has not been considered in either Senate or House committees.
SB 0104*Burchett/HB 0967 Overbey – Nurses performing voluntary service in free clinics. Limits liability for civil damages under certain conditions for nurses who perform voluntary service in free clinics. This bill was taken off notice in the Senate Judiciary Committee and was not considered by the House Judiciary Civil Practice Subcommittee.
SB 0461*Woodson/HB 2073 Maddox — Administration of anti-seizure medications in schools. As proposed, the bill would have allowed volunteer school personnel who have been properly trained by a registered nurse to administer anti-seizure medications, including diazepam gel, to a student in an emergency situation in accordance with the student’s individual health plan. TNA opposed this legislation and the bill was referred to a summer study of the Education Oversight Committee.
SB 0481*Finney R./HB 0556 Hensley — Do not resuscitate necklaces. This legislation would authorize the department of health to create a do not resuscitate necklace program. The bill also directed the department to promulgate rules for such program, including eligibility requirements for vendors and specified that a patient’s failure to wear a do not resuscitate necklace revokes the universal do not resuscitate order. TNA and other healthcare advocates opposed this bill as it was not necessary and it only applied to a particular vendor. The bill has been taken off notice.
SB 0722*Woodson/HB 1863 Swafford — Care of students with diabetes. If passed, this bill would have allowed adult volunteers, in addition to school personnel, to perform diabetes care tasks for students, including assisting with the administering of insulin to a student. It would also require the department of education and the department of health, with representatives from the Tennessee board of nursing, Tennessee diabetes prevention and control program, and the American Diabetes Association, to amend guidelines for health care procedures in schools to reflect changes. TNA opposed, the bill was taken off notice in both the Senate and House.
SB 0799 Burchett/HB 0777*Vaughn — RNs to distribute prescription drugs. If passed, this bill would have allowed RNs to dispense prescription drugs when pharmacists provided supervision by means of on-line computer technology. Rep. Vaughn sponsored this bill in an attempt to address the absence of pharmacists at state-owned mental health facilities. The bill was not acted on in either the Senate or House.
SB 0837*Cooper J./HB 2087 Maddox — Personal support services. This bill was agreed to by the Department of Health and TNA. The bill limits assistance to opening medication packaging and providing medication reminders, and it prohibits giving the client any form of medication. The bill removes the eight-hour training requirement and requires only that the person have received and be able to document training in medication assistance performed by or under the general supervision of a registered nurse and consistent with the state’s home and community-based services training in assisting with medications. The bill passed both the Senate and House.
SB 1325*Tracey/HB 1851 Bone — Non-Smoker Protection Act — Passed the Senate and House on May 31. The bill exempts the following from the smoking prohibition: tobacco retailers whose main business is the sale of tobacco; non-enclosed public places such as patios; nursing homes; small businesses with three or fewer employees; private clubs; homes and vehicles not used as business vehicles; age-restricted venues; company vehicles when only one person is present, hotel/motel rooms designated as smoking rooms. Specifies that no more than 25% of rooms rented to guests in hotels/motels may be smoking rooms and requires smoking rooms on the same floor to be contiguous. Defines restaurant to include a bar area within the restaurant. Requires the appropriate signage to be displayed and provides penalties and fines for violations. This legislation was sponsored by CHART (Campaign for a Healthy and Responsible Tennessee). TNA along with other healthcare advocates supported this legislation.
SB 1960*Crowe/HB 1972 Armstrong – As amended, the bill would have required funding for one full-time public school nurse position for every 750 students. The language of the bill is now part of House Joint Resolution 200 calling for a summer study by the Education Oversight Committee to look at the health care crisis in public schools and report back to the General Assembly in 2008. The resolution is being considered by the House Budget Subcommittee of Finance Ways and Means Committee.
SB 1511*Burchett/HB 1283 Todd — No helmets required for persons 21 and up. Exempts persons 21 years of age and older from the requirement that persons riding a motorcycle must wear a helmet. TNA, along with all other healthcare advocates, opposed this legislation, however, the bill did pass the Senate and is on hold in the House Finance, Ways and Means Committee.
SB 2001*Norris/HB 1993 Overbey — Health care liability action. If passed the bill would replace the term “medical malpractice” with “health care liability action” throughout the Tennessee Code Annotated; revise provisions concerning damages, expert testimony, attorney fees, notification by claimant to health care provider prior to filing suit, and other such action. After several rewrites of amendments, the bill passed the Senate. However, TMA was not in agreement with amendatory language, the House sponsor re-referred the bill to the House Judiciary Committee.
SB 2326 Kyle/HB 2354*Odom — Increase in cigarette tax. Passed both the Senate and House with amendments to increase the cigarette tax by 42 cents. This increase would allow for the allocation to funding improvements in Tennessee schools, 21 million dollars for Tennessee agriculture enhancement program and 2 cents tax increase targeted for Tennessee Trauma Center Hospitals.
SB 2248 Kyle/HB 2329*Odom — Training for unlicensed caregivers. This bill, agreed to by the Department of Health, Department of Children’s Services and Department of Mental Health and Developmental Disabilities, passed both the Senate and House. As amended, the bill allows the department of children’s services to provide training for certain unlicensed individuals who assist children and youth with the self-administration of medication in group home settings; specifies requirements for authorization of such persons; provides that such persons are exempt from nursing provisions. It also specifies that the unlicensed personnel referenced in Section 68-1-904(c)(1) are not to administer intravenous, intramuscular, and certain subcutaneous injectable medications, as defined by rule. Prohibits the unlicensed personnel referenced in Section 68-1-904(c)(2) from assisting with the self administration of vaginal medications, rectal medications, intravenous, intramuscular, and certain subcutaneous injectable medications, as defined by rule.
Bills for Summer Study
Certified medication technicians– SB 1163 Black/HB631 Overbey
This bill would establish procedures for the certification of persons to administer medication to nursing home residents and authorizes nursing homes to use certified medication technicians to administer medications to residents.Hearings on health care crisis in public schools–HJR 200 Winningham
Directs the Education Oversight Committee to hold hearings on the demands placed upon public schools in providing health care to students, including the study of school nurse ratios. Requires committee to make a written report of its findings to the Education Committees of the General Assembly by January 15, 2008.The General Assembly website is located at http://www.legislature.state.tn.us.