TPCA Bill Report Week of 2/11/13

Printed 02/11/2013

TPCA Bill Report – Week of 2/11/13

Criminal Law

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.
Senate Status / 02/05/2013 - Referred to Senate Judiciary.
House Status / 02/05/2013 - Referred to House Criminal Justice Subcommittee.

Education

SB77 / HB633 Faculty and staff allowed to carry firearms.

Category / Education
Sponsors / Sen. Stacey Campfield / Rep. Joshua G. Evans
Description / Allows faculty or staff members at a K-12 public school building or bus, public school campus, grounds, recreation area, athletic field or any other property owned, used or operated by a local education agency for the administration of any K-12 public educational institution to possess and carry a firearm. Establishes that any local education agency that prohibits persons from possessing and carrying a handgun shall be civilly liable for any damages, personal injury or death that results from a criminal act by any person not authorized to be in the school in which the prohibition was in effect.
Senate Status / 01/30/2013 - Referred to Senate Judiciary.
House Status / 02/04/2013 - Introduced in the House.

SB1025 / HB203 LEAs to work with area hospitals and doctors.

Category / Education
Sponsors / Sen. Doug Overbey / Rep. Bob Ramsey
Description / Encourages LEAs to work with area hospitals and doctors, as well as Project ADAM, a nonprofit organization serving children through life-saving programs that help prevent sudden cardiac arrest, in developing informational programs for faculty, staff and students on sudden cardiac arrest and in obtaining AEDs for LEA schools.
Senate Status / 02/08/2013 - Referred to Senate Education.
House Status / 02/05/2013 - Referred to House General Subcommittee of Education.

Family Law

SB577 / HB486 Changes language regarding SNAP.

Category / Family Law
Sponsors / Sen. Charlotte Burks / Rep. Sherry Jones
Description / Changes the language in the food stamp statute from "food stamp program" to "supplemental nutrition assistance program."
Senate Status / 02/08/2013 - Referred to Senate Health & Welfare Committee.
House Status / 02/05/2013 - Referred to House Health Subcommittee.

SB948 / HB456 Photo id to purchase items with TANF benefits or food stamps.

Category / Family Law
Sponsors / Sen. Stacey Campfield / Rep. G.A. Hardaway
Description / Authorizes the department of health and human services to create photo identification cards for the head of the household to present when purchasing items with food stamps or TANF benefits and requires the use of such identification for continued eligibility in the food stamp program administered in Tennessee.
Senate Status / 02/08/2013 - Referred to Senate Health & Welfare Committee.
House Status / 02/05/2013 - Referred to House Health Subcommittee.

Government Regulation

SB597 / HB323 Redefined qualified alien for Eligibility Verification Entitlements.

Category / Government Regulation
Sponsors / Sen. Jack Johnson / Rep. Joe Carr
Description / Expands the definition of "qualified alien" for purposes of the Eligibility Verification for Entitlements Act and allows state entities to verify an applicant's eligibility under the Act by using the SEVIS system, instead of the SAVE program. Specifies that certain aliens and non-immigrants, who are not considered "qualified aliens" under federal law but who are otherwise eligible to receive state and local benefits, would be considered to be "qualified aliens" for purposes of the state Eligibility Verification for Entitlements Act. Specifies that if a non-citizen applicant for benefits can't provide two forms of documentation of identity and immigration status, as required under federal law, then the person must provide one form of identification and be verified by the agency or political subdivision through the SAVE program or the SEVIS system.
Senate Status / 02/08/2013 - Referred to Senate State & Local Government.
House Status / 02/07/2013 - Set for House State Government Subcommittee 02/13/13.

Health Care

SB103 Retaining medical records.

Category / Health Care
Sponsors / Sen. Becky Duncan Massey
Description / Requires mammography records to be retained for 10 years following the patient's discharge from a hospital or death. Authorizes the board of medical examiners to promulgate rules and regulations in retaining medical records.
Senate Status / 02/07/2013 - Set for Senate Health & Welfare Committee 02/13/13.
House Status / None

SB192 / HB186 Various changes to health care law - broadly captioned.

Category / Health Care
Sponsors / Sen. Mark S. Norris / Rep. Gerald McCormick
Description / Requires a court to notify a public hospital or a treatment resource before committing a criminal defendant to such a hospital or resource. Adds "deliver" to the list of unlawful activities regarding the release of information by an insurance or carrier that provides for the physical or mental health of patients. Reduces the time from 30 days to 15 days for an enrollee and applicant for TennCare to notify the bureau of any material change regarding the person's TennCare application. Broadly captioned. (Part of Administration Package)
Senate Status / 01/31/2013 - Referred to Senate Judiciary.
House Status / 02/08/2013 - Referred to House Civil Justice Subcommittee.

SB252 / HB429 Pharmacy to check id for delivery of controlled substance.

Category / Health Care
Sponsors / Sen. Mark Green / Rep. Joe Pitts
Description / Requires a pharmacist or pharmacist's agent prior to dispensing a valid prescription drug for any controlled substance to check the identification of the person taking possession of the controlled substance. Requires signature of person taking possession of the controlled substance as confirmation of receipt.
Senate Status / 01/31/2013 - Referred to Senate Health & Welfare Committee.
House Status / 01/31/2013 - Introduced in the House.

SB256 / HB67 Lymphedema Awareness Week.

Category / Health Care
Sponsors / Sen. Rusty Crowe / Rep. Kent Williams
Description / Designates the third week of June as "Lymphedema Awareness Week".
Senate Status / 02/07/2013 - Set for Senate Health & Welfare Committee 02/13/13.
House Status / 01/30/2013 - Referred to House Health Committee.

SB407 / HB536 Health Care Compact.

Category / Health Care
Sponsors / Sen. Mae Beavers / Rep. Mark Pody
Description / Enacts Health Care Compact, which specifies that each member state may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding health care that are inconsistent with the laws and regulations adopted by the member state pursuant to this compact. Specifies that a member state that keeps such federal law in effect is responsible for the associated funding obligations in its state. Specifies that each member states has the right to federal monies up to an amount equal to its current year funding level, funded by congress as mandatory spending and not subject to annual appropriation, to support the exercise of member state authority under this compact. Specifies that this funding will not be conditional on any action of or regulation, policy, law, or rule being adopted by the member state. Creates Interstate Advisory Health Care Commission. Sunsets the Health Care Compact on June 30, 2014.
Senate Status / 01/31/2013 - Referred to Senate Government Operations.
House Status / 02/07/2013 - Set for House Insurance & Banking Subcommittee 02/13/13.

SB441 / HB544 Annual Coverage Assessment Act of 2013.

Category / Health Care
Sponsors / Sen. Doug Overbey / Rep. Michael Harrison
Description / Creates the Annual Coverage Assessment Act of 2013. Establishes process for annual coverage assessments to be applied on covered hospitals. Requires such assessment to not be used to reduce or eliminate state funding to the Tenncare program. Establishes procedure to impose and collect the assessment. Specifies the amount of the assessment. (15 pp.)
Senate Status / 02/07/2013 - Set for Senate Health & Welfare Committee 02/13/13.
House Status / 02/07/2013 - Set for House Health Subcommittee 02/12/13.

SB442 / HB880 Immunity to health providers in certain situations.

Category / Health Care
Sponsors / Sen. Doug Overbey / Rep. David B. Hawk
Description / Provides immunity to a hospital or health care provider in determining that a person needs emergency mental health treatment or needs physical restraint or vehicle security during transportation to a hospital or treatment resource.
Senate Status / 02/05/2013 - Referred to Senate Judiciary.
House Status / 02/06/2013 - Introduced in the House.

SB486 / HB271 Requires certain providers to offer HIV/AIDS testing.

Category / Health Care
Sponsors / Sen. Ophelia Ford / Rep. Brenda Gilmore
Description / Requires acute care hospitals, birthing centers, prescribed child care centers, and ambulatory surgical treatment centers to implement a policy requiring licensed health care personnel to ask patients whether they wish to be tested for HIV/AIDS.
Senate Status / 02/05/2013 - Referred to Senate Health & Welfare Committee.
House Status / 01/30/2013 - Introduced in the House.

SB526 Radiologist assistants to work at direction of a radiologist.

Category / Health Care
Sponsors / Sen. Steven Dickerson
Description / Requires a radiologist assistant to work in the employ or at the direction of a radiologist when practicing radiology assistance.
Senate Status / 02/05/2013 - Referred to Senate Finance, Ways & Means.
House Status / None

SB557 / HB346 Access to Pediatric Rare Disease Treatment Information Act.

Category / Health Care
Sponsors / Sen. Doug Overbey / Rep. Mike Stewart
Description / Creates the "Access to Pediatric Rare Disease Treatment Information Act." Requires all participating institutions to maintain all essential treatment information for patients under the age of eighteen diagnosed with any form of cancer. Requires participating institutions to provide all essential treatment information within ten days to another participating institution upon written request. Creates an advisory board to provide non-binding guidance for implementation of this act.
Senate Status / 02/05/2013 - Referred to Senate Government Operations.
House Status / 02/05/2013 - Referred to House Health Subcommittee.

SB582 / HB317 Pharmacy Practice Act - compounding and dispense redefined.

Category / Health Care
Sponsors / Sen. Ferrell Haile / Rep. David Shepard
Description / Revises the definitions of "compounding" and "dispense" in the Pharmacy Practice Act.
Senate Status / 02/08/2013 - Referred to Senate Health & Welfare Committee.
House Status / 02/05/2013 - Referred to House Health Subcommittee.

SB589 / HB74 Testing for lysosomal disorders in newborns.

Category / Health Care
Sponsors / Sen. Jack Johnson / Rep. Michael Harrison
Description / Requires every newborn be tested for lysosomal storage disorders, including Krabbe, Fabry, Gaucher, Pompe, Hurler Syndrome, and Niemann-Pick.
Senate Status / 02/08/2013 - Referred to Senate Health & Welfare Committee.
House Status / 02/05/2013 - Referred to House Insurance & Banking Subcommittee.

SB604 / HB290 Implementation of the Affordable Care Act.

Category / Health Care
Sponsors / Sen. Lowe Finney / Rep. Craig Fitzhugh
Description / Authorizes the department of finance and administration to cooperate with the appropriate federal department in any reasonable manner as to implement the Patient Protection and Affordable Care Act to either the extent required or permitted by law.
Senate Status / 02/08/2013 - Referred to Senate Health & Welfare Committee.
House Status / 02/05/2013 - Referred to House Insurance & Banking Subcommittee.

SB632 / HB984 Ultrasound prior to an abortion.

Category / Health Care
Sponsors / Sen. Jim Tracy / Rep. Rick Womick
Description / Requires a medical professional not more than seventy-two hours and not less than twenty-four hours prior to the performance of an abortion to perform an ultrasound, display the ultrasound images in a manner that the pregnant woman may view them, verbally offer the woman a printed copy of the ultrasound image, and make audible, when present, the live, real-time heart auscultation.
Senate Status / 02/08/2013 - Referred to Senate Judiciary.
House Status / 02/07/2013 - Introduced in the House.

SB673 / HB616 Controlled substance database advisory committee reporting.

Category / Health Care
Sponsors / Sen. Mae Beavers / Rep. Tony Shipley
Description / Directs the Controlled Substance Database Advisory Committee to send its annual report on the controlled substance database to the new health and welfare committee of the senate and the health committee of the house of representatives, instead of the old general welfare, health and human resources committee of the senate and the health and human resources committee of the house of representatives. Broadly captioned.
Senate Status / 02/08/2013 - Referred to Senate Health & Welfare Committee.
House Status / 02/04/2013 - Introduced in the House.

SB745 / HB532 Requires physician to discuss certain information about mammography.

Category / Health Care
Sponsors / Sen. Becky Duncan Massey / Rep. Dennis Powers
Description / Requires physicians to report to a patient the presence of dense breast tissue that could hide small abnormalities and might benefit from supplementary screening tests.
Senate Status / 02/08/2013 - Referred to Senate Health & Welfare Committee.
House Status / 02/06/2013 - Referred to House Health Subcommittee.

SB789 / HB645 Reporting of a patient who makes an actual threat of bodily harm.

Category / Health Care
Sponsors / Sen. Ferrell Haile / Rep. William G. Lamberth
Description / Requires mental health professionals to report any patient who makes an actual threat of bodily harm against a reasonably identifiable victim or victims to local law enforcement who shall then report such patient to NICS for purposes of prohibiting the purchase of a firearm when a background check is conducted.
Senate Status / 02/08/2013 - Referred to Senate Judiciary.
House Status / 02/04/2013 - Introduced in the House.

SB804 / HB937 Prohibits Medicaid expansion under new federal health care law.

Category / Health Care
Sponsors / Sen. Brian K. Kelsey / Rep. Jeremy Durham
Description / Prohibits the state from establishing, facilitating, implementing, or participating in any new expansion of the medical assistance program, also known as Medicaid, pursuant to the Patient Protection and Affordable Care Act.
Senate Status / 02/08/2013 - Referred to Senate Health & Welfare Committee.
House Status / 02/06/2013 - Introduced in the House.

SB817 / HB725 Access to prenatal care.