In Brief: 3/22/2019

Opioid Prescribing Practices — The full Senate approved legislation this week amending limits placed on opioid prescriptions under the TN Together legislation approved by the General Assembly last year.  The purpose of the bill is to remove unintended barriers that could prevent patients receiving post-operative and palliative care medications from receiving legitimate, effective pain management treatment, while still keeping opioids out of the hands of abusers.

Senate Bill 810 allows providers and patients to voluntarily request a partial fill, while encouraging providers to write prescriptions for the lowest effective amount.  In addition, the proposal amends the current twenty-day prescription of opioids for major surgeries to a thirty-day prescription.  This action would make the length of opioid prescriptions for three, ten or thirty days.   For example, major surgeries such as knee and hip replacements, orthopedic neurological spine surgeries, etc. would fall under thirty-day prescriptions. Ten-day prescriptions would be used for such surgeries as appendectomies, C-sections, ACL/MCL repairs. Three-day prescriptions would be used for procedures such as tooth extractions or kidney stones.

The bill now awaits approval from the House of Representatives.

Prayer Breakfast — The Tennessee Prayer Breakfast was held this week at Lipscomb University attended by Governor Bill Lee, legislators, ministry leaders and the general public.  In 1980, Nashville entrepreneur and former ambassador to France Joe M. Rodgers, led an ad hoc Citizens’ Committee that organized the annual event, which is Tennessee’s version of the National Prayer Breakfast.  The prayer breakfast is held annually each year in Nashville prior to the conclusion of the Tennessee General Assembly’s legislative session as prayers are lifted for the State of Tennessee, its elected officials and its citizens. 

EMTs / Compensation to Survivors — Legislation extending compensation to emergency medical technicians (EMTs) and paramedics who are killed in the line of duty unanimously passed the full Senate floor this week. Under current law, the surviving spouse or child of a firefighter, volunteer rescue squad worker, or law enforcement officer who died in the line of duty receives a $250,000 annuity in $50,000 per year increments for 5 yearsand health insurance for two years.  Senate Bill 29 adds EMTs and paramedics to this list requiring the state to reimburse local governments who provide the health insurance and annuity to their surviving families.

Rapid Response / Emergency Teams — The full Senate approved the “Facilitating Business Rapid Response to State Declared Disaster Act” this week which seeks to eliminate red tape from hindering disaster response teams which are needed to immediately restore infrastructure in a time of crisis.  Senate Bill 624exempts disaster response teams who enter the state temporarily to repair critical infrastructures, including water, gas, power, and communications, from taxes that occur as a result of establishing residency in the state.  The legislation aligns Tennessee law with similar statutes in 29 other states. 

The Rapid Response Act also establishes that an employee or business is permitted to perform disaster-related work without Tennessee licensure, as long as they hold a relevant certificate in another state. The exemptions only apply if a natural disaster occurs or if the governor or president declares a state of emergency in Tennessee. The response teams are only permitted to remain in Tennessee for 120 days unless the president or governor extends the disaster declaration. This bill enables critical infrastructure teams to act efficiently and effectively when Tennesseans need them most.

STEP UP Scholarship – The full Senate approved legislation on Thursday improving Tennessee’s STEP UP scholarship.  The scholarship assists students with intellectual and developmental disabilities (IDD) in paying for post-secondary education. Senate Bill 516 prohibits an eligible post-secondary institution from approving or denying a student residential housing based solely on being a part of the STEP UP scholarship program.  This helps ensure these students will be afforded an opportunity to live on campus and fully immerse themselves in the college experience.

The STEP UP Scholarship has served young adults since its inception with a high success rate at six universities which have the comprehensive transition and post-secondary program designation from the U.S. Department of Education.  These are Vanderbilt University, University of Tennessee at Knoxville, University of Memphis, Lee University, Lipscomb University and Union University.  Three of these universities have a residential component to serve the 120 students who are currently participating in the program.

The legislation specifies that a school is not required to provide additional accommodations to a participating student beyond the basic Americans with Disabilities Act requirements afforded to all disabled students.  Eligible colleges are also allowed to establish their own individual criteria in regards to the residential application process.  The bill now awaits approval in the House of Representatives.

Streamlining Death Penalty Process   – The full Senate voted on Thursday to reform the state’s death penalty appeals process by expediting cases straight to the Tennessee Supreme Court, eliminating an intermediate step to the Court of Criminal Appeals.  Senate Bill 400 follows the Tennessee Crime Victims’ Bill of Rights Amendment adopted by voters in 1998 which gives crime victims the right to a speedy trial and a prompt and final conclusion of the case after conviction or sentence. 

Tennessee is in the minority of states which do not have a direct appeals process in capital crime cases as a result of a 1967 law which put midlevel appeals in place.  That law implemented a process in which persons sentenced to death have automatic appeals to the Tennessee Court of Criminal Appeals before moving to the State Supreme Court for a mandatory review.  The decision by the intermediary court is not final until the state’s highest court hears the case.  Death row inmates can also file appeals in federal court, meaning it can take decades before the appeals process is complete.  The legislation now heads to Governor Bill Lee for his signature.

Jails / Non-violent Misdemeanor Crimes — The full Senate approved legislation this week authorizing police officers to give citations, in lieu of an arrest, for non-violent misdemeanor crimes. Nearly half of Tennessee’s jail population consists of misdemeanor offenders, and of the 15,000 pretrial inmates, over 5,000 are awaiting trials for misdemeanor charges.

Senate Bill 587 intends to improve overcrowding in Tennessee jails by allowing police officers to issue citations to nonviolent misdemeanor offenders, rather than arrest them.  The police officer, however, would still have the authority to arrest offenders if there is reasonable expectation that they are a flight risk or will continue to commit the crime. 

In addition to relieving overcrowded jails, the legislation also seeks to eliminate a vicious cycle of someone getting arrested for a minor non-violent crime, losing their job and source of income due to being arrested and detained, and then returning to court for unpaid fines or costs.

FGM / Child Abuse – The Senate voted this week to approve legislation expanding the offense of female genital mutilation (FGM) by creating a civil cause of action for victims. FGM is practiced on young girls and women in the Middle East, Africa and Asia, as well as locations in the United States.  The World Health Organization (WHO) estimates that more than 200 million girls and women worldwide have undergone FGM in countries where the practice is concentrated, with the majority being cut before age 15.   Senate Bill 1166 also expands offenses related to child abuse to include FGM.  The practice, which has serious health risks, is widely acknowledged as a human rights violation against women.  The legislation is currently pending action in the Criminal Justice Subcommittee in the House of Representatives.

Job Creation – Over 2,500 jobs are headed to Tennessee!  The Department of Economic and Community Development made two major job announcements this week.  SmileDirectClub, the market leader and pioneer of doctor-directed, remote invisible aligner therapy, will create 2,010 new jobs in Nashville and Antioch over the next five years. The company will invest $217 million to expand its headquarters and facilities.  

In addition, Arrive Logistics announced plans to expand its Chattanooga location to keep up with the company’s continued steady growth due to the strong logistics industry presence in the Southeastern United States and in Chattanooga. The logistics company will invest approximately $3.6 million into the region and create 500 new jobs in Hamilton County. 

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