3/9/2019: In Brief
Mental Health Parity — A resolution calling for mental health parity was approved by the Senate Commerce and Labor Committee this week. Senate Joint Resolution 181 states that substance use disorder and opioid use disorder are diseases and should be insured in the same manner as other diseases such as diabetes and heart disease. More than two million people in the United States suffer from substance use disorders related to prescription opioid pain relievers. It was estimated by the Department of Mental Health and Substance Abuse Services that 349,000 adult Tennesseans suffered from substance use disorder and 243,000 Tennesseans under the age of 18 misused an addictive substance such as a legal or illegal narcotic or alcohol. At least five states and the American Medical Association have taken steps to comprehensively remove roadblocks for treatments of patients with substance use disorder and opioid use disorder. “Coverage and subsequent payment for wrap-around services for those Tennesseans treated for the diseases of substance use disorder and opioid use disorder are imperative to the health of this State,” the resolution concludes.
School Bus Drivers / Veterans and Teachers — Legislation unanimously passed the full Senate this week lowering the required age for certain individuals to drive a school bus. The General Assembly passed legislation a few years ago which raised the required age for a school bus driver to twenty-five which inadvertently created a shortage in available drivers, especially in rural communities. Senate Bill 245 fills this need by allowing honorably discharged veterans of the U.S. Armed Forces, members of the National Guard or any reserve component of the U.S. Armed Forces, or licensed teachers employed by an Local Education Agency (LEA), to drive a school bus once they are twenty-three. To be eligible, the driver must submit the needed paperwork and identification.
Association Health Plans / Small Business — Legislation supporting Tennessee’s small businesses was unanimously passed by the Senate Commerce and Labor Committee on Tuesday. Senate Bill 1227 addresses the fees distributed and given to association health plans which allow small businesses to partner together in order to provide their employees with insurance. The legislation clarifies that making payments to a trade or professional association, who are tax exempt, does not qualify as unfair trade practice in the business of insurance. This bill now moves to the Senate floor for a final vote.
Prevention of Youth Access to Tobacco Act — Legislation was approved by the Commerce and Labor committee on Tuesday which adds smoking hemp to the Prevention of Youth Access to Tobacco and Tobacco Products Act. The law, which was enacted in 1992, establishes a minimum age to smoke or use tobacco products, while instituting penalties for violating the age restriction. The legislation has since been amended to include vapor products. Senate Bill 360 further amends the law to prohibit the sales, distribution, and purchasing of smoking hemp products to anyone under 18 years old. It now moves to the Senate floor for a final vote.
DUI / Implied Consent — The Senate Judiciary Committee approved legislation this week clarifying and strengthening Tennessee’s DUI law by aligning blood tests with breath tests in the state’s implied consent statute. Under current law, a driver is deemed to have given implied consent to a breath test for the purposes of determining the alcohol and/or drug content of a motor vehicle operator’s blood. Drivers who refuse to comply with the test, after an officer has deemed it necessary, are subject to license suspension or may be required to drive a vehicle with an ignition interlock device. However, current law allows for no penalty when refusing to consent to a blood test. Senate Bill 1342 aligns blood tests with breath tests and invokes the same penalties for refusal to comply. The legislation also deletes the criminal punishment for refusal to consent to a sobriety test to align Tennessee law with the Supreme Court case of Birchfield v. North Dakota, which ruled that it is unconstitutional to criminally charge someone for not consenting to a sobriety test. Blood tests are typically used to test for drugs and in a cases where a jurisdiction does not have the equipment to do breath tests. The bill will now advance to the floor for approval by the full Senate.
Alternative Pain Treatments – The Senate approved legislation on Monday that adds language to further define “alternative treatment” in Tennessee law to include chiropractic care, physical therapy, acupuncture, and other such treatments that relieve pain without the use of opioids. Senate Bill 194 is part of an ongoing effort in Tennessee to provide alternative pathways to treat pain in order to curb opioid addiction, which has claimed the lives of thousands of Tennesseans.
Autism Spectrum Disorder – Senate Bill 131 extending Tennessee’s Council on Autism Spectrum Disorder (ASD) advanced through the Senate Government Operations Committee this week. The Council was created by legislation passed by the General Assembly in 2017 to establish a long-term system of care for individuals affected by the disorder and their families. Dr. Quentin Humberd, Developmental Behavioral Pediatrician Chair of the Council, testified before the committee regarding progress being made to meet that goal. A recent Center for Disease Control (CDC) report shows that one in 64 children in Tennessee who are eight years old are identified with ASD. Along with establishing a long-term plan for a system of care for individuals with ASD, the Council provides leadership in program development regarding matters concerning all levels of ASD services in health care, education, and other adult and adolescent need areas. He said the group has been working to identify services and resources provided by various departments and agencies of government to make them more efficient and effective. The Council is expected to deliver a comprehensive report next month during Autism Spectrum Awareness Month.
TVA / Transparency — A resolution supporting U.S. Representative Tim Burchett’s efforts to require greater transparency by the Tennessee Valley Authority (TVA) was approved by the Senate Energy, Agriculture and Natural Resources Committee this week. Senate Joint Resolution 192 expresses the State of Tennessee’s support that TVA’s meetings be held in public, properly noticed and with minutes and summaries of each meeting made available. The resolution states, “It is vitally important to the citizens of Tennessee that TVA, as an entity created and protected by Congress, should conduct their business in the open and be as transparent as possible. We strongly support the passage of the Tennessee Valley Authority Transparency Act of 2019.”
Community Oversight Boards — The Senate Judiciary Committee approved legislation this week aiming to create greater balance within community oversight boards in Tennessee. Although community oversight boards have existed since the 1950s, there are currently no guidelines in Tennessee governing their creation, membership and function. Senate Bill 1407 amends the current unlimited subpoena power by requiring an oversight board’s special investigator, chief of police or head of internal affairs go before a judge and request a subpoena. The legislation preserves subpoena power for the community oversight boards, while subjecting it to a judge’s discretion as it aims to protect both citizens and police officers involved. The legislation now goes to the Senate floor for final consideration.
ACEs — This week in the Senate Health and Welfare Committee, Becky Haas from Ballad Health spoke to the importance and relevance of preventing Adverse Childhood Experiences (ACEs). ACEs are classified as any sort of abuse, neglect, or household dysfunction experienced as a child. Studies have found that the more ACEs a child experiences the higher risk they have as an adult to suffer life and health disparities. Sixty-five percent of substance abusers, 92 percent of homeless mothers, and 94 percent of children in the juvenile court system reported childhood trauma history. Haas emphasized that although these statistics are startling, there is hope on the horizon. Tennessee is a leader in becoming “trauma informed” and has implemented several responsive programs. Such programs not only raise awareness but also create a positive support system and healing environment for the child. Research shows that eradicating child mistreatment in Tennessee will have a huge impact on reducing substance abuse, incarceration rates, homelessness, depression, suicide, and domestic violence.