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Criminal Law - 4 Criminal Law - 4 SB412 / HB306 Assault against a health care provider. Category Criminal Law Sponsors Sen. Mark Green / Rep. JoAnne Favors Description Adds health care provider to the list of persons where if an assault or an aggravated assault is committed while acting in the discharge of the provider's duty then the maximum fine shall be $5,000 and $15,000 respectively. Amendment HOUSE AMENDMENT 1, SENATE JUDICIARY COMMITTEE AMENDMENT 1 (004169) changes the definition of "health care provider" for purposes of this section from "any person or entity performing services regulated pursuant to title 63 or title 68, chapter 11" to "a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in the practicing of a profession." SENATE JUDICIARY COMMITTEE AMENDMENT 2 (006291) rewrites the bill. Allows any misdemeanor level assault conviction to also be punishable by a fine up to $5,000. Allows certain aggravated assault convictions to also be punishable by a fine up to $15,000. Fiscal Note (Dated: February 15 2013) Not Significant. Senate Status 04/11/2013 - Set for Senate Floor 04/15/13. House Status 03/25/2013 - House passed with amendment 1. SB675 / HB531 Lynn's Law. Category Criminal Law Sponsors Sen. Ken Yager / Rep. Dennis Powers Description Enacts "Lynn's Law" and defines abuse or neglect of an adult to include a caretaker who knowingly abandons or fails to pick up an adult if the caretaker knows the adult is unable to care for himself without assistance. Amendment SENATE AMENDMENT 1, HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (004292) substitutes the language "fails to provide transportation for an adult" in the definition of abuse or neglect for the language "fails to pick up an adult". The language expressly including a relative that resides with, or in the same building with, the adult or regularly visits the adult in the definition of caretaker is removed. The language describing a relative is removed. SENATE AMENDMENT 2, HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 2 (004995) defines caretaker to mean an individual or institution who has assumed the duty to provide for the care of the adult by contract or agreement and to include a parent, spouse, adult child, or other relative, both biological or by marriage, who resides with or in the same building with or regularly visits the adult and who knows or reasonably should know of the adult's mental or physical dysfunction or advanced age and knows or reasonably should know that the adult is unable to adequately provide for the adult's own care. Fiscal Note (Dated: March 10 2013) Increased State Expenditures - $14,200/Incarceration. Senate Status 04/11/2013 - Senate passed with amendments 1 (004292) and 2 (004995). Amendment 1 (004292) substitutes the language "fails to provide transportation for an adult" in the definition of abuse or neglect for the language "fails to pick up an adult". The language expressly including a relative that resides with, or in the same building with, the adult or regularly visits the adult in the definition of caretaker is removed. The language describing a relative is removed. Amendment 2 (004995) defines caretaker to mean an individual or institution who has assumed the duty to provide for the care of the adult by contract or agreement and to include a parent, spouse, adult child, or other relative, both biological or by marriage, who resides with or in the same building with or regularly visits the adult and who knows or reasonably should know of the adult's mental or physical dysfunction or advanced age and knows or reasonably should know that the adult is unable to adequately provide for the adult's own care. House Status 04/11/2013 - House Finance Committee recommended. Sent to House Calendar & Rules. SB1113 / HB1182 DHS to investigate reports of elder abuse within 24 hours. Category Criminal Law Sponsors Sen. James F. Kyle Jr. / Rep. Joe Towns Jr. Description Requires the department of humans services to initiate investigation of reports of elder abuse or neglect within 24 hours, instead of as soon as practical. Fiscal Note (Dated: March 10 2013) Increased State Expenditures - $594,000/One-time - $6,909,100/Recurring. Senate Status 03/20/2013 - Senate Health & Welfare Committee deferred to 03/272013. House Status 03/19/2013 - House Health Subcommittee deferred to 01/01/2014. SB1363 / HB1294 Creates offense of prescription drug fraud. Category Criminal Law Sponsors Sen. Ferrell Haile / Rep. William G. Lamberth Description Creates offense of prescription drug fraud, which is using fraud or forgery to obtain a controlled substance and adds the theft of identifying information used to prescribe a controlled substance to offense of identity theft. Provides that the term "victim" shall also include the person whose personal identifying information was obtained, a physician, nurse practitioner, or other health care provider whose personal identifying information was unlawfully used. Fiscal Note (Dated: March 4 2013) Not Significant. Senate Status 03/18/2013 - Senate passed. House Status 03/28/2013 - House passed. Executive Status 04/02/2013 - Sent to governor. Government Organization - 6 SB336 / HB806 Sunset-health services and development agency. Category Government Organization Sponsors Sen. Mike Bell / Rep. Judd Matheny Description Extends the health services and development agency to June 30, 2017. Establishes qualifications for each of the agency's six members. Fiscal Note (Dated: February 4 2013) Not Significant. Senate Status 03/11/2013 - Senate passed. House Status 03/25/2013 - House passed. Executive Status 04/02/2013 - Sent to governor. SB364 / HB790 Sunset- TN state veterans' home board. Category Government Organization Sponsors Sen. Mike Bell / Rep. Judd Matheny Description Extends the Tennessee state veterans' home board to June 30, 2014. Amendment Senate amendment 1 (006170) rewrites the bill. Adds a termination date of June 30, 2013 to the Tennessee state veterans' home board. Requires the division of state audit to return to the Tennessee state veterans' home board in 2014 for the purpose of conducting a limited audit to review actions taken to address the issues raised in the findings of the September, 2012 audit report for the board. Fiscal Note (Dated: February 11 2013) Not Significant. Senate Status 04/08/2013 - Senate passed with amendment 1 (006170), which rewrites the bill. Adds a termination date of June 30, 2013 to the Tennessee state veterans' home board. Requires the division of state audit to return to the Tennessee state veterans' home board in 2014 for the purpose of conducting a limited audit to review actions taken to address the issues raised in the findings of the September, 2012 audit report for the board. House Status 04/11/2013 - House concurred in Senate amendment 1. Executive Status 04/11/2013 - Sent to the speakers for signatures. SB368 / HB827 Creation of conflict of interest policies. Category Government Organization Sponsors Sen. Mike Bell / Rep. Judd Matheny Description Requires each board, commission, committee, or other governmental entity to adopt and implement rules and regulations to create a conflict of interest policy for board members. Specifies that the policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by board members that they have read and understand all aspects of the policy. Fiscal Note (Dated: March 22 2013) Not Significant. Senate Status 01/31/2013 - Referred to Senate Government Operations. House Status 02/07/2013 - Referred to House Government Operations. SB390 / HB802 Health related boards to assess a fee on licenses Category Government Organization Sponsors Sen. Mike Bell / Rep. Judd Matheny Description Requires each regulatory board and health related board to assess a state regulatory fee on licensees. Fiscal Note (Dated: March 17 2013) Other Fiscal Impact - To the extent any health-related regulatory board does not currently assess a regulatory fee, there will be a recurring increase in state revenue of an unknown amount. Any such recurring increase is unknown because such regulatory fees shall be established as part of the general appropriations act pursuant to Tenn. Code Ann. § 4-3-1011(b)(2). Otherwise, the fiscal impact of this bill is considered not significant. Senate Status 03/26/2013 - Taken off notice in Senate Health & Welfare Committee. House Status 04/03/2013 - Taken off notice in House Health Committee. SB717 / HB583 Restructuring of certain agencies. Category Government Organization Sponsors Sen. Mike Bell / Rep. Judd Matheny Description Revises various provisions governing the structure of Tennessee commission on historic preservation, the state historian and historical commission, and the drycleaner environmental response board. Amendment HOUSE STATE GOVERNMENT COMMITTEE AMENDMENT 1 (004789) rewrites the bill. Section 1 changes the membership of the Historical Commission from 24 members to 18 and specifies that there will be five members from each grand division and three at large members. Specifies that no two members can be appointed from the same county. Allows the governor to appoint the chairman of the commission instead of the chairman being selected by the commission and staggers terms of members of commission. Vacates current membership upon effective date of this act. Section 2 revises provision related to the Board of Accountancy. Adds specific duties of the executive director role of the board for more clarity. Allows the executive director to be subject to "performance review and other general requirements" of state employees. Allows the commissioner, after consultation with the board, to dismiss the executive director for cause. Sections 3 and 4 revise provisions related to the Advisory Committee for Geology and Soil Scientist Advisory Committee. This amendment combines the funds for these two committees. Section 5 allows the governor to appoint the chair of the Health Services and Development Agency instead of board election.
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